Voneida v. Commonwealth Of Pennsylvania et al

Filing 32

ORDER ADOPTING REPORT AND RECOMMENDATION of Magistrate Judge Smyser 27 , GRANTING defts' motion to dismiss amended complaint 16 , DENYING pltf's motion for summary jdgmt 24 , & directing Clrk of Ct to CLOSE case. (See order for complete details.) Signed by Honorable Christopher C. Conner on 03/16/12. (ki)

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

KENNETH L. VONEIDA,
Plaintiff
v.
COMMONWEALTH OF
PENNSYLVANIA, GOVERNOR TOM
CORBETT, ATTORNEY GENERAL
LINDA KELLY, PENNSYLVANIA
STATE POLICE COMMISSIONER
FRANK NOONAN,
Defendants

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CIVIL ACTION NO. 1:11-CV-0865
(Judge Conner)

ORDER
AND NOW, this 16th day of March, 2012, upon consideration of the Report and
Recommendation of United States Magistrate Judge J. Andrew Smyser (Doc. 27),
recommending that defendants’ motion to dismiss the amended complaint (Doc. 16) be
granted, and that plaintiff’s motion for summary judgment (Doc. 24) be denied, and,
following an independent review of the record and noting that plaintiff filed objections1
to the report on March 7, 2012 (Doc. 29), 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. 36), 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. 27) are
ADOPTED.

2.

Defendants’ motion to dismiss the amended complaint (Doc. 16) is
GRANTED.

3.

Plaintiff’s motion for summary judgment (Doc. 24) is DENIED.

4.

The Clerk of Court is directed to CLOSE this case.

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