Opinion
2:17cv1637
03-08-2023
CHRISTOPHER JOSEPH SMARR, Plaintiff, v. WESTMORELAND COUNTY, WEXFORD HEALTH RESOURCES, INC., JOHN R. WALTON Warden, Westmoreland County Prison, STEVE CMAR Deputy Warden of Security, Westmoreland County Prison, ERIC SCHWARTZ Deputy Warden of Treatment, Westmoreland County Prison, KARL D. LEDBETTER Lieutenant/Shift Supervisor, Westmoreland County Prison, NICHOLAS DAVID CARMICHAEL Sergeant, Westmorland County Prison, JEFFREY MCCREARY Correctional Officer, Westmoreland County Prison, MARK STANGROM Correctional Officer, Westmoreland County Prison, JOHNNY STRINGA Correctional Officer, Westmoreland County Prison, JEREMY LYNN Correctional Officer, Westmoreland County Prison, ERIC SCHROCK Correctional Officer, Westmoreland County Prison, CHRISTOPHER M. WALTZ Correctional Officer, Westmoreland County Prison, CHAD BLACK Correctional Officer, Westmoreland County Prison, JOSEPH GRECCO Correctional Officer, Westmoreland County Prison, AARON VRABLE Correctional Officer, Westmoreland County Prison, FRANK A. CAPEL Correctional Officer, Westmoreland County Prison, ERIC BOLAND Correctional Officer, Westmoreland County Prison, CYNTHIA M. JANOS Licensed Practical Nurse, Westmoreland County Prison, ERICA LYNN SPORY Certified Nurse Assistant, Westmoreland County Prison, Defendants.
Electronic Filing
MEMORANDUM ORDER
David Stewart Cercone, Senior United States District Judge.
AND NOW, this 8th day of March, 2023, upon due consideration of [82] plaintiff's motion for reconsideration and to reopen the case, [83] the Report and Recommendation of Magistrate Judge Lenihan addressing the motion, and [84] plaintiff's objections to the Report and Recommendation, and after de novo review of the record, [82] plaintiff's motion for reconsideration and to reopen the case be, and the same hereby is, DENIED.
Plaintiffs objections fail to address or otherwise undermine in any meaningful way the reasons that plaintiff does not have an acceptable basis at this juncture for proceeding with this case. His objections fail to supply any basis to overcome the Magistrate Judge's assessment that the plaintiff does not meet any of the three grounds for granting a motion for reconsideration. Additionally, Plaintiff has not shown any good reason for his failure to take appropriate action earlier in an effort to comply with the court's orders. The Magistrate Judge's Report and Recommendation of February 16, 2023, as augmented above, is adopted as the opinion of the court.