GAETANO v. LEWIS et al

Filing 13

MEMORANDUM ORDER: It is hereby ordered that the 5 motion to dismiss filed by the County Defendants is GRANTED and the 7 motion to dismiss filed by Defendant Vardaro is GRANTED; adopting 12 Report and Recommendations. Signed by Judge Sean J. McLaughlin on 3/9/2009. (rlh)

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA DONALD J. GAETANO, Plaintiff, v. TIM L. LEWIS, et al., Defendants. ) ) ) ) ) ) ) ) )

Civil Action No. 08-167 Erie

MEMORANDUM ORDER This civil rights action was received by the Clerk of Court on June 2, 2008. The Magistrate Judge's Report and Recommendation [Doc. No. 12], filed on February 18, 2009, recommended that the motion to dismiss filed by Defendant Vardaro [Doc. No. 7] be granted and the motion to dismiss filed by the County Defendants [Doc. No. 5] be granted. The parties were allowed ten (10) days from the date of service to file objections. Service was made on Plaintiff by certified mail and on Defendants. No objections were filed. After de novo review of the motions and documents in the case, together with the Report and Recommendation, the following order is entered: AND NOW, this 9th day of March, 2009; IT IS HEREBY ORDERED that the motion to dismiss filed by Defendant Vardaro [Doc. No. 7] is GRANTED and the motion to dismiss filed by the County Defendants [Doc. No. 5] is GRANTED. The Report and Recommendation [Doc. No. 12] of Magistrate Judge Baxter, filed on February 18, 2009 is adopted as the opinion of the Court. s/ Sean J. McLaughlin United States District Judge

cm:

All parties of record Susan Paradise Baxter, U.S. Magistrate Judge