Davis v. Collins

Full title: BRIAN DAVIS, Plaintiff, v. DR. COLLINS, et al., Defendants

Court: United States District Court, W.D. Pennsylvania

Date published: Aug 1, 2006

Civil Action No. 05-202 Erie (W.D. Pa. Aug. 1, 2006)

Opinion

Civil Action No. 05-202 Erie.

August 1, 2006

MEMORANDUM ORDER

SEAN McLAUGHLIN, District Judge

This civil rights action was received by the Clerk of Court on July 1, 2005, and was referred to United States Magistrate Judge Susan Paradise Baxter for report and recommendation in accordance with the Magistrates Act, 28 U.S.C. § 636(b)(1), and Rules 72.1.3 and 72.1.4 of the Local Rules for Magistrates.

The Magistrate Judge's Report and Recommendation [Doc. No. 30], filed on June 29, 2006, recommended that Defendants' motion to dismiss or, in the alternative, motion for summary judgment [Doc. No. 19] be granted. The parties were allowed ten (10) days from the date of service to file objections. Service was made on Plaintiff by certified mail and on Defendants. Plaintiff filed objections on July 27, 2006 [Doc. No. 32]. After de novo review of the motion and documents in the case, together with the Report and Recommendation and objections thereto, the following order is entered:

AND NOW, this 1^st day of August, 2006;

IT IS HEREBY ORDERED that the Defendants' motion to dismiss or, in the alternative motion for summary judgment [Doc. No. 19] is GRANTED.

The Report and Recommendation [Doc. No. 30] of Magistrate Judge Baxter, filed on June 29, 2006, is adopted as the opinion of the Court.