Ashford v. Brady et al

Filing 48

ORDER ADOPTING REPORT AND RECOMMENDATIONS of Magistrate Judge Smyser 44 , DENYING plaintiff's MSJ 39 , & REMANDING matter to Magistrate Judge Smyser for trial upon consent of parties... (See order for complete details.) Signed by Honorable Christopher C. Conner on 03/15/11. (ki)

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-JAS Ashford v. Brady et al Doc. 48 IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA KENNETH WINSTON ASHFORD, Plaintiff v. SHERIFF SHAWN BRADY and DEPUTY SHERIFF LEAS, Defendants : : : : : : : : ORDER CIVIL ACTION NO. 1:10-CV-264 (Judge Conner) AND NOW, this 15th day of March, 2011, upon consideration of the Report and Recommendation of the Honorable J. Andrew Smyser (Doc. 44), recommending that plaintiff's motion for summary judgment (Doc. 39) be denied, and, following an independent review of the record and noting that plaintiff filed objections1 to the report on March 1, 2011 (Doc. 45), and the court finding Judge Smyser's analysis to be thorough and well-reasoned, and the court finding plaintiff's objections to be without merit and squarely addressed by Judge Smyser's report, it is hereby ORDERED that: Where objections to a magistrate judge's report and recommendation are filed, the court must perform a de novo review of the contested portions of the report. Supinski v. United Parcel Serv., Civ. A. No. 06-0793, 2009 WL 113796, at *3 (M.D. Pa. Jan. 16, 2009) (citing Sample v. Diecks, 885 F.2d 1099, 1106 n. 3 (3d Cir. 1989); 28 U.S.C. 636(b)(1)(c)). "In this regard, Local Rule of Court 72.3 requires `written objections which . . . specifically identify the portions of the proposed findings, recommendations or report to which objection is made and the basis for those objections.'" Id. (citing Shields v. Astrue, Civ. A. No. 07-417, 2008 WL 4186951, at *6 (M.D. Pa. Sept. 8, 2008)). 1 1. The report and recommendations of Magistrate Judge Smyser (Doc. 44) are ADOPTED. Plaintiff's motion for summary judgment (Doc. 39) is DENIED. This matter is hereby REMANDED to Magistrate Judge Smyser for trial upon consent of the parties. In the absence of consent, the Court shall issue a separate order scheduling this matter for trial. 2. 3. S/ Christopher C. Conner CHRISTOPHER C. CONNER United States District Judge

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