Davis v. U.S.

Full title: BRIAN ANTHONY DAVIS, Plaintiff, v. UNITED STATES OF AMERICA, Defendant

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

Date published: Dec 8, 2006

Civil Action No. 006-25 Erie (W.D. Pa. Dec. 8, 2006)

Opinion

Civil Action No. 006-25 Erie.

December 8, 2006

MEMORANDUM ORDER

SEAN McLAUGHLIN, District Judge

This civil rights action was received by the Clerk of Court on February 7, 2006, 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. 14], filed on November 17, 2006, recommended that Defendant's motion to dismiss or motion for summary judgment [Doc. No. 10] be denied. 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 Defendant. No objections were filed. Afterde novo review of the motion and documents in the case, together with the Report and Recommendation, the following order is entered:

AND NOW, this 8^th day of December, 2006;

IT IS HEREBY ORDERED that the Defendant's motion to dismiss or motion for summary judgment [Doc. No. 10] is DENIED.

The Report and Recommendation [Doc. No. 14] of Magistrate Judge Baxter, filed on November 17, 2006, is adopted as the opinion of the Court.