Hankins v. Wolf

Full title: Robert Hankins, Plaintiff, v. Wolf, et al. Defendants.

Court: UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA

Date published: Jul 31, 2014

Civil Action No. 1:12-168 (W.D. Pa. Jul. 31, 2014)

Opinion

Civil Action No. 1:12-168

07-31-2014

Robert Hankins, Plaintiff, v. Wolf, et al. Defendants.

District Judge Terrence F. McVerry

MEMORANDUM ORDER

This case is before the Court on the pending Report and Recommendation filed by Magistrate Judge Baxter on May 22, 2014 (ECF No. 59) and an Order denying as moot Plaintiff's motion for temporary restraining order ("TRO") on July 15, 2014 (ECF No. 67). In the Report and Recommendation, Judge Baxter recommended that the motion to dismiss amended complaint filed on behalf of Defendants Wolf, Sobina, Adams, Wetzel, Smeal, Varner, and Rhodes (ECF No. 39) be granted. Further, Judge Baxter recommended that, pursuant to the authority granted by the Prison Litigation Reform Act, Plaintiff's claims against all remaining Defendants be dismissed for his failure to prosecute; and that this case be dismissed in its entirety. In the July 15, 2014 docket entry, Judge Baxter indicated that Plaintiff appeared at the TRO hearing at which his motion was denied because he had access to property for review. (ECF No. 67).

Plaintiff was served with the Report and Recommendation and informed of the timeframe in which he had to file written objections. (ECF Nos. 59, 67). Plaintiff has since filed written objections to the Report and Recommendation (ECF Nos. 62) and to the order denying as moot his motion for TRO (ECF No. 68).

After de novo review of the pleadings and documents in the case, together with the Report and Recommendation, the following order is entered:

AND NOW, this 31^st day of July, 2014:

IT IS HEREBY ORDERED that the objections of Plaintiff are OVERRULED; that the motion to dismiss amended complaint filed on behalf of Defendants Wolf, Sobina, Adams, Wetzel, Smeal, Varner, and Rhodes is GRANTED; that the Report and Recommendation is ADOPTED as the Opinion of the Court; and that the motion for TRO is DENIED AS MOOT.

IT IS FURTHER ORDERED that, pursuant to the authority granted by the Prison Litigation Reform Act, Plaintiff's claims against all remaining Defendants are hereby DISMISSED for his failure to prosecute.

AND IT IS FURTHER ORDERED that the Clerk of Court shall mark this case CLOSED.

By the Court:

s/ Terrence F. McVerry

United States District Judge
cc: ROBERT HANKINS

DT-3209

SCI Dallas

1000 Follies Road

Dallas, PA 18612

(via first-class mail)

Mary Lynch Friedline

Email: mfriedline@attorneygeneral.gov