Abuiz v. Brennan et al

Filing 196

REPORT AND RECOMMENDATIONS - IT IS RECOMMENDED that the defendants' motion (Doc. 172) for summary judgment be granted in part and denied in part. IT IS RECOMMENDED that defendant SCCF be dismissed from this action. IT IS RECOMMENDED that defend ant Susquehanna County be granted summary judgment on all of the plaintiff's claims. IT IS RECOMMENDED that defendants Brennan and Conigliaro be granted summary judgment on the plaintiff's access to the courts claim and the plaintiff's claim regarding his legal mail. IT IS RECOMMENDED that defendants Brennan and Conigliaro not be granted summary judgment on the plaintiff's claim regarding the conditions of his cell and the plaintiff's claim of racial segregation. IT IS RECOMMENDED that the case be listed for trial on the plaintiff's claim against defendants Brennan and Conigliaro regarding the conditions of his cell and the plaintiff's claim against defendants Brennan and Conigliaro of racial segregation. Objections to R&R due by 3/30/2009Signed by Magistrate Judge J. Andrew Smyser on 03/13/09. (Attachments: # 1 Notice)(dc)

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UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA TIMOTHY MEL ABUIZ, : CIVIL NO. 4:06-CV-01603 : Plaintiff : (Judge McClure) : v. : (Magistrate Judge Smyser) : WILLIAM BRENNAN, : NICHOLAS CONIGLIARO, : SUSQUEHANNA COUNTY CORRECTIONAL : FACILITY and : SUSQUEHANNA COUNTY, : : Defendants : NOTICE Any party may obtain a review of the Report and Recommendation pursuant to Rule 72.3 of the Rules of Court, M.D.Pa., which provides: Any party may object to a magistrate judge's proposed findings, recommendations or report addressing a motion or matter described in 28 U.S.C. 636(b)(1)(B) or making a recommendation for the disposition of a prisoner case or a habeas corpus petition within ten (10) days after being served with a copy thereof. Such party shall file with the clerk of court, and serve on the magistrate judge and all parties, written objections which shall specifically identify the portions of the proposed findings, recommendations or report to which objection is made and the basis for such objections. The briefing requirements set forth in Local Rule 72.2 shall apply. A judge shall make a de novo determination of those portions of the report or specified proposed findings or recommendations to which objection is made and may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge. The judge, however, need conduct a new hearing only in his or her discretion or where required by law, and may consider the record developed before the magistrate judge, making his or her own determination on the basis of that record. The judge may also receive further evidence, recall witnesses or recommit the matter to the magistrate judge with instructions.

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