Filing 44

ORDER adopting Report and Recommendations re 42 Report and Recommendations.; denying 28 Motion to Dismiss for Failure to State a Claim. Signed by Judge Barbara Rothstein on 3/2/2017. (nk)

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UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA AT ERIE DAVID V. JORDAN , ) ) ) Plaintiff, ) ) v. ) ) ) UNIT MANAGER BERTOLINI, et al. ) ) Defendants. ) ) ____________________________________) Civil Action No. 1:15-cv-313 (BJR) ORDER ORDER ADOPTING REPORT AND RECOMMENDATION The Court, having considered the Report and Recommendation of Magistrate Judge Susan Paradise Baxter, and the balance of record, HEREBY ORDERS: (1) The Court ADOPTS the Report and Recommendation. (2) Defendants’ Motion to Dismiss is DENIED. (3) The Clerk shall send copies of this Order to the parties. IT IS SO ORDERED. DATED this 2nd day of March, 2017. BARBARA J. ROTHSTEIN UNITED STATES DISTRICT JUDGE

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