Mendoza-Hernandez v. Sherman

Full title: CESAR MENDOZA-HERNANDEZ, Plaintiff, v. JAMES F. SHERMAN, Warden, Defendant

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

Date published: Aug 16, 2005

C.A. No. 04-204 Erie (W.D. Pa. Aug. 16, 2005)

Opinion

C.A. No. 04-204 Erie.

August 16, 2005

MEMORANDUM ORDER

SEAN McLAUGHLIN, District Judge

Plaintiff's civil rights complaint was received by the Clerk of Court on July 20, 2004, 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, filed on July 27, 2005, recommended that the Defendant's motion to dismiss the complaint, or in the alternative, for summary judgment [Doc. # 15] 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 at FCI McKean, where he is incarcerated, and on the Defendant. No objections were filed. After de novo review of the complaint and documents in the case, together with the report and recommendation, the following order is entered:

AND NOW, this 16^th Day of August, 2005;

IT IS HEREBY ORDERED that the Defendant's motion [Doc. # 15] to dismiss the complaint, or in the alternative, for summary judgment, is GRANTED.

The report and recommendation of Magistrate Judge Baxter, dated July 27, 2005, is adopted as the opinion of the court.