Miller v. Lawler et al

Filing 93

ORDER ADOPTING REPORT AND RECOMMENDATION of Magistrate Judge Mannion 84 , GRANTING deft Riscigno's motion to dismiss 42 , GRANTING corrections defts' motion for summary jdgmt 47 & directing Clrk of Ct to enter JUDGMENT in favor of defts & against pltf, & directing Clrk of Ct to CLOSE matter. (See order for complete details.) Signed by Honorable Christopher C. Conner on 09/18/12. (ki)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA

KENNETH MALIK MILLER,
Plaintiff
v.
R.M. LAWLER, Superintendent, et al.,
Defendants

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CIVIL ACTION NO. 1:10-CV-946
(Judge Conner)

ORDER
AND NOW, this 18th day of September, 2012, upon consideration of the Report
and Recommendation of Magistrate Judge Malachy E. Mannion (Doc. 84) recommending
that (1) defendant Riscigno’s motion to dismiss be granted and (2) the Corrections
Defendants’ motion for summary judgment be granted, and, following an independent
review of the record and noting that plaintiff filed objections1 to the report on May 3,
2012 (Doc. 90), and the court finding Judge Mannion’s analysis to be thorough and wellreasoned, and the court finding plaintiff’s objections to be without merit and squarely
addressed by Judge Mannion’s Report (Doc. 84), it is hereby ORDERED that:

1

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.

The Report and Recommendation (Doc. 84) of Magistrate Judge Mannion
are ADOPTED.

2.

Defendant Riscigno’s motion to dismiss (Doc. 42) is GRANTED.

3.

Corrections Defendants’ motion for summary judgment (Doc. 47) is
GRANTED. The Clerk of Court is directed to enter JUDGMENT in favor of
defendants and against plaintiff.

4.

The Clerk of Court is directed to CLOSE this matter.

S/ Christopher C. Conner
CHRISTOPHER C. CONNER
United States District Judge