Bressi v. Gembie et al

Filing 52

ORDER ADOPTING REPORT AND RECOMMENDATION - IT IS HEREBY ORDERED that 50 Report and Recommendation is ADOPTED in its entirety; Plaintiff's complaint 1 11 is DISMISSED WITH PREJUDICE as legally frivolous and for a failure to state a claim, p ursuant to 28 U.S.C. §§ 1915(e)(2)(B)(i), 1915(e)(2)(B)(ii), and 1915A(B)(1); Defendants' 19 Motion to Dismiss is DENIED AS MOOT; Plaintiff's 25 34 46 Motions for Summary Judgment are DENIED AS MOOT; and the Clerk of Court is directed to close this case. Signed by Honorable Matthew W. Brann on 7/26/2018. (jr)

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

No. 4:17-CV-01405

AARON J. BRESSI,

(Judge Brann)

Plaintiff.

(Magistrate Judge Saporito)

v.
JOHN GEMIC, et al.,
Defendants.

ORDER
JULY 26, 2018
1.

Plaintiff instituted the above-captioned action against Defendants on
August 9, 2017.

2.

Defendants moved to dismiss Plaintiff’s complaint on October 16, 2017.

3.

Plaintiff filed motions for summary judgment on November 22, 2017;
February 12, 2018; and June 13, 2018.

4.

On July 2, 2018, Magistrate Judge Joseph F. Saporito, Jr. issued a Report
and Recommendation in which he recommended that this Court dismiss
Plaintiff’s complaint pursuant to 28 U.S.C. §§ 1915 and 1915A.

5.

Plaintiff objected to this Report and Recommendation on July 12, 2018.

6.

As a result of Plaintiff’s objections, this Court has reviewed the Report
and Recommendation de novo.1

7.

Because Plaintiff’s objections are meritless, with arguments that have
adequately and accurately been addressed by Magistrate Judge Saporito,
this Court ADOPTS the Report and Recommendation, ECF No. 50, in its
entirety.

8.

Therefore, IT IS HEREBY ORDERED that:
a.

Plaintiff’s complaint, ECF Nos. 1 and 11, is DISMISSED WITH
PREJUDICE as legally frivolous and for a failure to state a claim,
pursuant to 28 U.S.C. §§ 1915(e)(2)(B)(i), 1915(e)(2)(B)(ii), and
1915A(B)(1);

b.

Defendants’ Motion to Dismiss, ECF No. 19, is DENIED AS
MOOT; and

c.

Plaintiff’s motions for summary judgment, ECF Nos. 25, 34, and
46, are DENIED AS MOOT.

9.

The Clerk of Court is directed to close this case.
BY THE COURT:

s/ Matthew W. Brann
Matthew W. Brann
United States District Judge
1

28 U.S.C. § 636(b)(1).