Treiber v. Erie Police Department

Full title: DALE TREIBER, Plaintiff, v. ERIE POLICE DEPARTMENT, et al., Defendants

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

Date published: Nov 21, 2006

Civil Action No. 05-278 Erie (W.D. Pa. Nov. 21, 2006)

Opinion

Civil Action No. 05-278 Erie.

November 21, 2006

MEMORANDUM ORDER

SEAN McLAUGHLIN, District Judge

This civil rights action was received by the Clerk of Court on September 27, 2005, 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 [Doc. No. 26], filed on October 27, 2006, recommended that Defendants' motion for summary judgment [Doc. No. 14] be granted. It was further recommended that, pursuant to the Prison Litigation Reform Act, that Plaintiff's complaint be dismissed for failing to state a claim upon which relief can be granted as against Defendant Ahlbrandt. The parties were allowed ten (10) days from the date of service to file objections. Service was made on Plaintiff by certified mail and on Defendants. No objections were filed. Afterde novo review of the motion and documents in the case, together with the Report and Recommendation, the following order is entered:

AND NOW, this 21^st day of November, 2006;

IT IS HEREBY ORDERED that the Defendants' motion for summary judgment [Doc. No. 14] is GRANTED. IT IS FURTHER ORDERED that, pursuant to the Prison Litigation Reform Act, Plaintiff's complaint is DISMISSED for failing to state a claim upon which relief can be granted as against Defendant Ahlbrandt.

The Report and Recommendation [Doc. No. 26] of Magistrate Judge Baxter, filed on October 27, 2006, is adopted as the opinion of the Court.