Serrano v. Filino

Full title: DAVID SERRANO, Plaintiff, v. LOUIS FILINO, Superintendent; THOMAS JACKSON…

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

Date published: Feb 23, 2007

Civil Action No. 05 - 1118 (W.D. Pa. Feb. 23, 2007)

Opinion

Civil Action No. 05 — 1118.

February 23, 2007

ORDER

THOMAS HARDIMAN, District Judge

The above captioned case was filed on August 11, 2005, and was referred to Magistrate Judge Lisa Pupo Lenihan for pretrial proceedings in accordance with the Magistrate Judge's Act, 28 U.S.C. § 636(b)(1), and Rules 72.1.3 and 72.1.4 of the Local Rules for Magistrate Judges.

The Magistrate Judge's Report and Recommendation (doc. no. 49), filed on January 31, 2007, recommended that the Motion to Dismiss filed by Defendants Falor and Noel (doc. no. 32) be denied and that the Motion to Dismiss filed by the Commonwealth Defendants (doc. no. 39) be granted as to Defendants Folino, Jackson, Beard and Burks and denied as to all other Defendants. All parties were served and Plaintiff filed Objections to the Report and Recommendation on February 20, 2007 (doc. no. 52). After review of the pleadings and documents in the case, together with the Report and Recommendation and the Objections thereto, the following order is entered:

AND NOW, this 23^rd day of February, 2007;

IT IS HEREBY ORDERED that the Motion to Dismiss filed by Defendants Falor and Noel (doc. no. 32) is DENIED and that the Motion to Dismiss filed by the Commonwealth Defendants (doc. no. 39) is GRANTED as to Defendants Folino, Jackson, Beard and Burks and DENIED as to all other Defendants.

IT IS FURTHER ORDERED that the Report and Recommendation (doc. no. 49) of Magistrate Judge Lenihan, dated January 31, 2007, is adopted as the opinion of the court.