HARSH v. BARONE et al

Filing 47

MEMORANDUM ORDER: IT IS HEREBY ORDERED that the 38 Motion to Dismiss filed by Defendants Barone, Bunting, Riskus and Setnik is GRANTED with respect to Defendant Barone and he is hereby DISMISSED from this action; the motion is DENIED in all other regards; adopting 45 Report and Recommendations. Signed by Judge Sean J. McLaughlin on 12/7/2011. (rlh)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
MARK HARSH,

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Plaintiff,
v.
MICHAEL BARONE, et al.,
Defendants.

Civil Action No. 10-223 Erie

MEMORANDUM ORDER
This action was received by the Clerk of Court on September 7, 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. 45], filed on
November 18, 2011, recommended that the motion to dismiss filed by Defendants
Barone, Bunting, Riskus and Setnik [ECF No. 38] be granted insofar as Defendant
Barone should be dismissed from this action, and denied in all other regards. The
parties were allowed fourteen (14) days from the date of service to file objections.
Plaintiff filed objections [ECF No. 46] on December 1, 2011. After de novo review of the
documents in the case, together with the Report and Recommendation and objections
thereto, the following order is entered:
AND NOW, this 7th day of December, 2011;
IT IS HEREBY ORDERED that the motion to dismiss filed by Defendants
Barone, Bunting, Riskus and Setnik [ECF No. 38] is GRANTED with respect to
Defendant Barone and he is hereby DISMISSED from this action; the motion is DENIED
in all other regards.

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The Report and Recommendation [ECF No. 45] of Magistrate Judge Baxter, filed
on November 18, 2011, is adopted as the opinion of the Court.

s/

cm:

Sean J. McLaughlin
United States District Judge

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

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