DREW v. PENNSYLVANIA DEPARTMENT OF CORRECTIONS et al

Filing 135

MEMORANDUM OPINION IT IS ORDERED AS FOLLOWS: Defendant Smith's motion for summary judgment is GRANTED. Defendant McGarvie's motion to dismiss is GRANTED. Plaintiff's claims against defendant Rami Abraham are DISMISSED.IT IS SO ORDERED. Signed by Judge Barbara Rothstein on 12/4/2017. (nk)

UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA

SCOTT A. DREW,

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Plaintiff,
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v.
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KIM SMITH,
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et al.,
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Defendants.
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____________________________________)

Civil Action No. 14-266 Erie
ORDER

ORDER ADOPTING REPORT AND RECOMMENDATION
This matter comes before the Court on the Report and Recommendation of Magistrate
Judge Susan Paradise Baxter (ECF 132). There have been no objections filed to the Report and
Recommendation.
The Magistrate Judge recommends that the motion to dismiss brought by Defendant
McGarvie (ECF 122) and the motion for summary judgment brought by Defendant Smith (ECF
127) be granted. Magistrate Judge Baxter also recommends that Plaintiff’s complaint as to
Defendant Rami Abraham be dismissed for failure to serve in accordance with Rule 4(m) of the
Federal Rules of Civil Procedure.
The Court has reviewed the well-reasoned and thoroughly researched recommendation of
the Magistrate Judge and finds it to be correct in all regards.
Now, therefore, IT IS ORDERED AS FOLLOWS:
1) Defendant Smith's motion for summary judgment is GRANTED.
2) Defendant McGarvie's motion to dismiss is GRANTED.

3) Plaintiff's claims against defendant Rami Abraham are DISMISSED.
IT IS SO ORDERED.
DATED this 4th day of December, 2017.

BARBARA J. ROTHSTEIN
UNITED STATES DISTRICT JUDGE

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