Opinion
Civil Action 2:21-cv-332
02-21-2023
PERCY PEREZ, Plaintiff, v. SCI-FAYETTE SUPERINTENDENT M. CAPOZZA, et al., Defendants.
Lenihan Magistrate Judge
MEMORANDUM ORDER ECF NOS. 85, 101
Arthur J. Schwab United States District Judge
The Complaint in the above captioned case was filed on March 25, 2021 and was referred to United States Magistrate Judge Lisa Pupo Lenihan for pretrial proceedings in accordance with the Magistrate Judges Act, 28 U.S.C. § 636(b)(1), and Local Rules of Court 72.C and 72.D.
The Magistrate Judge's Report and Recommendation (ECF No. 101) filed on January 30, 2023, recommended that the Motion for Judgment on the Pleadings (ECF No. 85) as to all claims against Defendants Allen and House be denied. Service was made on Plaintiff via U.S. First Class Mail and on all counsel of record via CM/ECF. In the Report and Recommendation, the parties were informed that in accordance with the Magistrate Judges Act, 28 U.S.C. § 636(b)(1)(B) and (C), and Rule 72.D.2 of the Local Rules of Court, that registered users had fourteen (14) days to file any objections, and unregistered users had seventeen (17) days to file objections. No objections have been filed to the Report and Recommendation to date.
After review of the pleadings and documents in the case, together with the Report and Recommendation, the following Order is entered:
AND NOW, this 21st day of February, 2023,
IT HEREBY ORDERED that the Motion for Judgment on the Pleadings (ECF No. 85) as to all claims against Defendants Allen and House is DENIED.
IT IS FURTHER ORDERED that the Report and Recommendation (ECF No.101) of Magistrate Judge Lenihan dated January 30, 2023 is adopted as the opinion of the Court.