Opinion
2:05-cv-101.
May 15, 2006
MEMORANDUM ORDER
The Plaintiff's complaint was received by the Clerk of Court on January 27, 2005, and was referred to United States Magistrate Judge Francis X. Caiazza for pretrial proceedings 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 April 19, 2006, recommended that the Defendants Motion to Dismiss (Doc. 20) be denied.
The parties were allowed ten days from the date of service to file objections. Service was made on the Plaintiff by First Class United States Mail delivered to the State Correctional Institution at Huntingdon, Huntingdon, Pennsylvania, where he is incarcerated and on the Defendants. No objections have been filed. After review of the pleadings and documents in the case, together with the Report and Recommendation, the following order is entered:
AND NOW, this 15 th day of May, 2006
IT IS HEREBY ORDERED that Defendants' Motion to Dismiss (Doc. 20) is DENIED.
The Report and Recommendation of Magistrate Judge Caiazza, (Doc. 30), dated April 19, 2006, is adopted as the opinion of the court.