Voneida v. Stoehr et al
Filing
10
ORDER ADOPTING REPORT AND RECOMMENDATION of Magistrate Judge Smyser 7 , GRANTING Commonwealth defts' motion under Rule 12(b)(6) 4 & Commonwealth defts DISMISSED from this action, & REMANDING case to Magistrate Judge J. Andrew Smyser for further proceedings. (See order for complete details.) Signed by Honorable Christopher C. Conner on 04/20/11. (ki)
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
KENNETH L. VONEIDA,
Plaintiff
v.
KEVIN STOEHR, et al.,
Defendants
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CIVIL ACTION NO. 1:10-CV-2572
(Judge Conner)
ORDER
AND NOW, this 20th day of April, 2011, upon consideration of the Report and
Recommendation of United States Magistrate Judge J. Andrew Smyser (Doc. 7),
recommending that the Commonwealth defendants motion to dismiss (Doc. 4) be
granted, and, following an independent review of the record and noting that plaintiff
filed objections1 to the report on April 13, 2011 (Doc. 8), 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 (Doc. 7),
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 of Magistrate Judge Smyser (Doc. 7) are
ADOPTED.
2.
The Commonwealth defendants’ motion under Rule 12(b)(6) of the Federal
Rules of Civil Procedure (Doc. 4) is GRANTED and the Commonwealth
defendants are DISMISSED from this action.
3.
The above-captioned case is REMANDED to Magistrate Judge Smyser for
further proceedings.
S/ Christopher C. Conner
CHRISTOPHER C. CONNER
United States District Judge
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