BROWN v. EQUITY et al

Filing 123

MEMORANDUM ORDER: IT IS HEREBY ORDERED that 15 Defendant Stretton's motion to dismiss is GRANTED; 26 the Commonwealth Defendants' motion to dismiss complaint and amended complaint is GRANTED; 81 the Judicial Defendants' motion to dimiss Plaintiff's complaint is GRANTED; and 108 the motion to dismiss filed by Defendants McGoldrick, Green, Duckworth, and Dahl is GRANTED. IT IS FURTHER ORDERED that, pursuant to the authority granted to courts in the Prison Litigation Re form Act, Plaintiff's claims against Defendants Equity, C.F.C.F., Bob, Ms. Barkley, Carrasquill and Jones are DISMISSED; adopting 122 Report and Recommendations. The Clerk is directed to mark the case closed. Signed by Judge Sean J. McLaughlin on 3/21/2011. (rlh)

-SPB BROWN v. EQUITY et al

Doc. 123

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA PATRICK BROWN, Plaintiff, v. EQUITY, et al., Defendants. ) ) ) ) ) ) ) ) )

Civil Action No. 10-134 Erie

MEMORANDUM ORDER This civil rights action was received by the Clerk of Court on May 26, 2010, and was referred to United States Magistrate Judge Susan Paradise Baxter for report and recommendation in accordance with the Magistrates Act, 28 U.S.C. § 636(b)(1), and Rules 72.1.3 and 72.1.4 of the Local Rules for Magistrates. The Magistrate Judge's Report and Recommendation [ECF No. 122], filed on March 1, 2011, recommended that Defendant Stretton's motion to dismiss [ECF No. 15] be granted; the Commonwealth Defendants' motion to dismiss complaint and amended complaint [ECF No. 26] be granted; the Judicial Defendants' motion to dismiss Plaintiff's complaint [ECF No. 81] be granted; and the motion to dismiss filed by Defendants McGoldrick, Green, Duckworth, and Dahl [ECF No. 108] be granted. It was further recommended that, pursuant to the authority granted to courts in the Prison Litigation Reform Act, Plaintiff's claims against Defendants Equity, C.F.C.F., Bob, Ms. Barkley, Carrasquill, and Jones be dismissed and the case closed. The parties were allowed fourteen (14) days from the date of service to file objections. 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 21st day of March, 2011; IT IS HEREBY ORDERED that Defendant Stretton's motion to dismiss [ECF No. 15] is GRANTED; the Commonwealth Defendants' motion to dismiss complaint and amended complaint [ECF No. 26] is GRANTED; the Judicial Defendants' motion to dismiss Plaintiff's complaint [ECF No. 81] is GRANTED; and the motion to dismiss filed

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by Defendants McGoldrick, Green, Duckworth, and Dahl [ECF No. 108] is GRANTED. IT IS FURTHER ORDERED THAT, pursuant to the authority granted to courts in the Prison Litigation Reform Act, Plaintiff's claims against Defendants Equity, C.F.C.F., Bob, Ms. Barkley, Carrasquill, and Jones are DISMISSED. The Report and Recommendation [ECF No. 122] of Magistrate Judge Baxter, filed on March 1, 2011, is adopted as the opinion of the Court. The Clerk is directed to mark the case closed.

s/

Sean J. McLaughlin United States District Judge

cm:

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

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