HAQQ v. WOLFE

Full title: ABUBAKA HAQQ, Plaintiff, v. WILLIAM WOLFE, et al., Defendants

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

Date published: Aug 16, 2005

Civil Action No. 03-277 Erie (W.D. Pa. Aug. 16, 2005)

Opinion

Civil Action No. 03-277 Erie.

August 16, 2005

MEMORANDUM ORDER

SEAN McLAUGHLIN, District Judge

Plaintiff's civil rights complaint was received by the Clerk of Court on August 29, 2003, and was referred to the 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, filed on July 26, 2005, [Doc. No. 59] recommended that Defendants' Motion for Summary Judgment [Doc. No. 44] be granted.¹ 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 August 9, 2005 [Doc. No. 60]. After de novo review of the case, together with the report and recommendation, and objections thereto, the following order is entered:

1 The magistrate judge's report and recommendation recommends that Defendants' Motion to Dismiss be granted. However, it is clear that Document Number 44 is a Motion for Summary Judgment, and the magistrate judge's report and recommendation reflects that she addressed the Motion for Summary Judgement.

AND NOW, this 16^th day of August, 2005,

IT IS HEREBY ORDERED that the Defendants' Motion for Summary Judgment [Doc. No. 44] is GRANTED.

The report and recommendation of Magistrate Judge Baxter, dated July 26, 2005, is adopted as the opinion of the Court.

The clerk is directed to mark the case closed.