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Horne v. Kearney

United States District Court, M.D. Pennsylvania
Nov 22, 2011
Civil Action No. 1:11-cv-1378 (M.D. Pa. Nov. 22, 2011)

Opinion

Civil Action No. 1:11-cv-1378.

November 22, 2011.


ORDER


THE BACKGROUND OF THIS ORDER IS AS FOLLOWS:

Presently pending before the Court is Magistrate Judge Blewitt's Report and Recommendation (Doc. No. 13), recommending that Defendants' motion to dismiss (Doc. No. 9) be granted and that Plaintiff's complaint (Doc. No. 1) be dismissed with prejudice. On November 1, 2011, Plaintiff filed a letter with the Court, which the Court will construe as an objection to Judge Blewitt's recommendations. (Doc. No. 14.) In his letter, Plaintiff asserts that Defendants falsely stated in their motion to dismiss "that all Pennsylvania state courts had denied all of the plaintiff[']s request[s] for relief of a disposition as to the legality of the maintained temporary custody of the plaintiff during an appeal period." (Id. at 1.) Plaintiff also attached an "Order," proposing that the above-captioned action be transferred to the Court of Common Pleas of York County. (Id. at 2.) After ade novo consideration of the record and Defendants' motion to dismiss, the Court finds that Plaintiff's objection is without merit. ACCORDINGLY, on this 22nd day of November 2011, upon review of the record and the applicable law, IT IS HEREBY ORDERED THAT:

The Magistrate Act, 28 U.S.C. § 636, and Federal Rule of Civil Procedure 72(b), provide that any party may file written objections to a magistrate's proposed findings and recommendations. In deciding whether to accept, reject, or modify the Report and Recommendation, the Court is to make a de novo determination of those portions of the Report and Recommendation to which objection is made. 28 U.S.C. § 636(b)(1).

1. Plaintiff's objection to the Report and Recommendation (Doc. No. 14) is OVERRULED.

2. Magistrate Judge Blewitt's Report and Recommendation (Doc. No. 13) is ADOPTED.

3. Defendant's motion to dismiss (Doc. No. 9) is GRANTED, and Plaintiff's complaint (Doc. No. 1) is DISMISSED WITH PREJUDICE.

4. The Clerk of Court is directed to close the case.


Summaries of

Horne v. Kearney

United States District Court, M.D. Pennsylvania
Nov 22, 2011
Civil Action No. 1:11-cv-1378 (M.D. Pa. Nov. 22, 2011)
Case details for

Horne v. Kearney

Case Details

Full title:HORNE v. KEARNEY

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

Date published: Nov 22, 2011

Citations

Civil Action No. 1:11-cv-1378 (M.D. Pa. Nov. 22, 2011)