HANKINS v. WOLF et al

Filing 70

MEMORANDUM ORDER overruling Plaintiff's objections, granting the 39 Motion to Dismiss; and adopting the 59 Report and Recommendations. Signed by Judge Terrence F. McVerry on 07/31/14. (mcp)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
Robert Hankins,

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Plaintiff,
v.
Wolf, et al.
Defendants.

Civil Action No. 1:12-168
District Judge Terrence F. McVerry

MEMORANDUM ORDER
This case is before the Court on the pending Report and Recommendation filed by
Magistrate Judge Baxter on May 22, 2014 (ECF No. 59) and an Order denying as moot
Plaintiff’s motion for temporary restraining order (“TRO”) on July 15, 2014 (ECF No. 67). In
the Report and Recommendation, Judge Baxter recommended that the motion to dismiss
amended complaint filed on behalf of Defendants Wolf, Sobina, Adams, Wetzel, Smeal, Varner,
and Rhodes (ECF No. 39) be granted. Further, Judge Baxter recommended that, pursuant to the
authority granted by the Prison Litigation Reform Act, Plaintiff’s claims against all remaining
Defendants be dismissed for his failure to prosecute; and that this case be dismissed in its
entirety. In the July 15, 2014 docket entry, Judge Baxter indicated that Plaintiff appeared at the
TRO hearing at which his motion was denied because he had access to property for review.
(ECF No. 67).
Plaintiff was served with the Report and Recommendation and informed of the timeframe
in which he had to file written objections. (ECF Nos. 59, 67). Plaintiff has since filed written
objections to the Report and Recommendation (ECF Nos. 62) and to the order denying as moot
his motion for TRO (ECF No. 68).

After de novo review of the pleadings and documents in the case, together with the
Report and Recommendation, the following order is entered:
AND NOW, this 31st day of July, 2014:
IT IS HEREBY ORDERED that the objections of Plaintiff are OVERRULED; that the
motion to dismiss amended complaint filed on behalf of Defendants Wolf, Sobina, Adams,
Wetzel, Smeal, Varner, and Rhodes is GRANTED; that the Report and Recommendation is
ADOPTED as the Opinion of the Court; and that the motion for TRO is DENIED AS MOOT.
IT IS FURTHER ORDERED that, pursuant to the authority granted by the Prison
Litigation Reform Act, Plaintiff’s claims against all remaining Defendants are hereby
DISMISSED for his failure to prosecute.
AND IT IS FURTHER ORDERED that the Clerk of Court shall mark this case
CLOSED.

By the Court:
s/ Terrence F. McVerry
United States District Judge

cc:

ROBERT HANKINS
DT-3209
SCI Dallas
1000 Follies Road
Dallas, PA 18612
(via first-class mail)
Mary Lynch Friedline
Email: [e-mail]

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