Lance v. Lawler et al

Filing 12

MEMORANDUM AND ORDER (1) The Federal Public Defender for the Middle District of Pennsylvania is appointed to represent the petitioner; and (2) A brief addressing the issues set forth above shall be filed by petitioners counsel, on or before May 7, 20 12.(3) Counsel for the respondents shall file a responsive brief, on or before May 21, 2012.(4) A reply brief may be filed, on or before June 4, 2012.Signed by Magistrate Judge Malachy E. Mannion on 4/9/12. (Attachments: # 1 Unpublished Opinion(s), # 2 Unpublished Opinion(s), # 3 Unpublished Opinion(s), # 4 Unpublished Opinion(s), # 5 Unpublished Opinion(s))(bs, )

Case 1:09-cv-01587-CCC Document 30

Filed 12/14/10 Page 1 of 2

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

GARRETT WILLIAMS,
Plaintiff
v.
JEFFREY A. BEARD and
CATHERINE MCVEY,
Defendants

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CIVIL ACTION NO. 1:09-CV-1587
(Judge Conner)

ORDER
AND NOW, this 14th day of December, 2010, upon consideration of the report of
United States Magistrate Judge Thomas M. Blewitt (Doc. 24), recommending that
defendants’ motion for judgment on the pleadings (Doc. 6) be granted with respect to all
of plaintiff’s claims and that plaintiff’s motion for judgment on the pleadings (Doc. 10) be
denied with respect to all of his claims, and, following an independent review of the
record and noting that plaintiff filed objections1 to the report on November 16, 2010 (Doc.
25), and the court finding Judge Blewitt’s analysis to be thorough and well-reasoned, and
the court finding plaintiff’s objections to be without merit and squarely addressed by
Judge Blewitt’s report (Doc. 24), 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)).

Case 1:09-cv-01587-CCC Document 30

Filed 12/14/10 Page 2 of 2

1.

The report of Magistrate Judge Blewitt (Doc. 24) is ADOPTED in its
entirety.

2.

Defendants’ motion for judgment on the pleadings (Doc. 6) is GRANTED
with respect to all of plaintiff’s claims.

3.

Plaintiff’s motion for judgment on the pleadings (Doc. 10) is DENIED with
respect to all claims.

4.

The Clerk of Court is DIRECTED to close this matter.

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