Ball v. Sipe

Filing 71

ORDER ADOPTING REPORT AND RECOMMENDATIONS 68 Report and Recommendations. Granting 56 Defendant Sipe's Motion for Summary Judgment. Plaintiff's Objection 56 is OVERRULED. Signed by Honorable Yvette Kane on 2/13/15. (pw)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
DAWN BALL,
Plaintiff

:
:
:
:
:
:
:

v.
LT. SIPE,
Defendant

No. 1:12-cv-00537
(Judge Kane)
(Chief Magistrate Judge Carlson)

ORDER
THE BACKGROUND OF THIS ORDER IS AS FOLLOWS:
Plaintiff Dawn Ball, proceeding pro se, commenced the above-captioned action on March
26, 2012, by filing a federal complaint, alleging violations of her Eighth Amendment rights.
(Doc. No. 1.) On September 29, 2014, Defendant Sipe, through counsel, filed a motion for
summary judgment pursuant to Federal Rule of Civil Procedure 56. (Doc. No. 56.) On
November 11, 2014, Chief Magistrate Judge Carlson issued a Report and Recommendation in
which he recommends that the Court grant the motion and render judgment for Defendant. (Doc.
No. 68 at 25.) Plaintiff filed a response to Chief Magistrate Judge Carlon’s Report and
Recommendation on November 11, 2014.1 (Doc. No. 69.) However, Plaintiff’s purported
objection contains no legal arguments or analysis related to her Eighth Amendment claim.
(See id.) In addition, the Court has reviewed Chief Magistrate Judge Carlson’s Report and
Recommendation and has found no legal error.

1

The Magistrate Act, 28 U.S.C. § 636, and Federal Rule of Civil Procedure 72(b),
provide that any party may file written objections to a magistrate’s proposed findings and
recommendations. In deciding whether to accept, reject, or modify the Report and
Recommendation, the Court is to make a de novo determination of those portions of the Report
and Recommendation to which objection is made. 28 U.S.C. § 636(b)(1); M.D. Pa. L.R. 72.3.

ACCORDINGLY, on this 13th day of February 2015, IT IS HEREBY ORDERED
THAT:
1.

Chief Magistrate Judge Carlson’s Report and Recommendation (Doc. No.
68) is ADOPTED;

2.

Plaintiff’s objection (Doc. No. 69) is OVERRULED;

3.

Defendant Sipe’s motion for summary judgment (Doc. No. 56) is
GRANTED;

4.

The Clerk of Court shall enter judgment in favor of Defendant and close
this case.

s/ Yvette Kane
Yvette Kane, District Judge
United States District Court
Middle District of Pennsylvania

2