PEELE v. OVERMYER

Filing 63

ORDER granting 43 Motion for Partial Summary Judgment; adopting Report and Recommendations re 54 Report and Recommendations.; denying 43 Motion to Dismiss for Failure to State a Claim. Signed by Judge Barbara Rothstein on 3/17/2016. (nk)

UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF PENNSYLVANIA

PEELE,
Plaintiff,

Civil Action No. 14-306

v.
OVERMYER, ET AL.,

ORDER ADOPTING THE REPORT AND
RECOMMENDATION

Defendants.

The Magistrate Judge issued a Report and Recommendation in this matter,
recommending that this Court: (1) grant Defendants’ (partial) motion to dismiss, (2) dismiss
Defendant Overmyer from the case, and (3) deny Plaintiff’s motion for partial summary
judgment. (Doc. No. 54). After reviewing the Report and Recommendation, the record, and all
other materials before the Court, and no objection being filed, it is hereby ordered that:
(1)

The Report and Recommendation is ADOPTED;

(2)

Defendants’ (partial) motion to dismiss is GRANTED. (Dkt. NO. 22). The
Fourteenth Amendment due process claim and Defendant Overmyer are
DISMISSED from the case;

(3)

Plaintiff’s motion for partial summary judgment is DENIED (Dkt. No. 43); and

(4)

The Clerk of the Court shall send copies of this Order to Petitioner.

IT IS SO ORDERED.
DATED this 17th day of March 2016.

BARBARA J. ROTHSTEIN
UNITED STATES DISTRICT JUDGE