Graham-Smith et al v. City of Wilkes-Barre et al

Filing 108

ORDER: ORDERED THAT: Plaintiffs' objections to the R&R (Doc. 97) are OVERRULED; The R&R (Doc. 80) is ADOPTED; Defendants John Does 1-10 are DISMISSED pursuant to Federal Rule of Civil Procedure 21; Defendants motion for summary judgment (Doc. 51) is GRANTED. Signed by Honorable Robert D. Mariani on 5/19/21 (jam)

THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
DELILAH A. GRAHAM-SMITH and
RODNEY SMITH, 1
Plaintiffs,

: CIVIL ACTION NO. 3:17-CV-239
: (JUDGE MARIANI)
: (Magistrate Judge Saporito)

V.

CITY OF WILKES-BARRE, et al.,
Defendants.

~

AND NOW, THIS ~

ORDER

DAY OF MAY 2021, upon consideration of Magistrate

Judge Saporito's R&R (Doc. 80) and all relevant documents, for the reasons set forth in the
simultaneously filed Memorandum Opinion, IT IS HEREBY ORDERED THAT:
1. Plaintiffs' objections to the R&R (Doc. 97) are OVERRULED;
2. The R&R (Doc. 80) is ADOPTED;
3. Defendants "John Does 1-1 O" are DISMISSED pursuant to Federal Rule of Civil
Procedure 21;
4. Defendants motion for summary judgment (Doc. 51) is GRANTED;

1 On

May 4, 2021 , Defendants filed the Suggestion/Statement of Death pursuant to Federal Rule of
Civil Procedure 25 stating that "the death of Delilah A. Graham-Smith ... during the pendency of this action
is noted upon the record." (Doc. 106 at 1.)