PETTAWAY v. OVERTON et al

Filing 99

MEMORANDUM ORDER. It is hereby ORDERED that 64 Motion to Dismiss by the Commonwealth Defendants is GRANTED. Defendants Zetwo, Clark, Overton, Giroux, Adams and Skindell are DISMISSED from this action. Magistrate Judge Baxter's 93 Report and Recommendation is ADOPTED as the Opinion of the Court. Signed by Judge Mark R. Hornak on 3/24/15. (bdb)

IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF PENNSYLVANIA

WAYNE PETTAWAY,
Plaintiff,

v.
MAXINE OVERTON, et aI,
Defendants.

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C.A. No. 13-213 Erie

MEMORANDUM ORDER

Plaintiffs Complaint was received by the Clerk of Court on July 16,2013, 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)(I), and Rules
72.1.3 and 72.1.4 of the Local Rules for Magistrates.
The Magistrate Judge's Report and Recommendation, issued on January 28,
2015, recommended that the Motion to Dismiss by the Commonwealth Defendants (Dkt. 64) be
granted, and Defendants Zetwo, Clark, Overton, Giroux, Adams and Skindell be dismissed from
this action.

The parties were allowed ten (10) days from the date of service to file objections.

Service was made on Plaintiff by mail at SCI Albion, where he is incarcerated, and on
Defendants.

Objections were filed by Plaintiff on February 18,2015 and February 20, 2015.

After a de novo review of the pleadings and documents in the case, together with the Report and
Recommendation and Objections thereto, the following order is entered:
AND NOW, this 24th day of March, 2015,

IT IS HEREBY ORDERED that the Motion to Dismiss by the Commonwealth
Defendants (Dkt. 64) is GRANTED. Defendants Zetwo, Clark, Overton, Giroux, Adams and
Skindell are dismissed from this action.

The Report and Recommendation of Magistrate Judge

Baxter, issued January 28,2015, is adopted as the Opinion of the Courtl.

MARK R. HORNAK
United States District Judge

cc:

Susan Paradise Baxter
U.S. Magistrate Judge
all parties of record

1 The citation references to
at page 6 of the Report and Recommendation is corrected to 991 F.
3d 64, 67 (3d Cir. 1993), and White v. Napoleon to 897 F. 2d 103, 109 (3d Cir. 1990).