BRANDON v. BURKHART et al

Filing 86

ORDER granting in part and denying in part 49 Defendants' Motion to Dismiss for Failure to State a Claim; denying 77 Motion for Leave to File Amended Complaint; adopting Report and Recommendation 79 . For the reasons set forth in the Repo rt and Recommendation, which is hereby adopted as the final opinion of the Court, Defendants' Motion to Dismiss is GRANTED in part and DENIED in part. Defendants Wetzel, Overmyer, Blicha, Ennis, Crowther, Oberlander, Wallace-Ireland, Conrad, Dupont, Ellenberger, Reed, Varner, and Horton are dismissed from this action, with prejudice. Signed by Judge Susan Paradise Baxter on 9/25/18. (jdg)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
CURTIS BRANDON,
Plaintiff,

)
)
)
)
)
)
)

v.
RAYMOND BURKHART, et al.,
Defendants.

Civil Action No. 1:16-cv-177

Judge Susan Paradise Baxter

ORDER OF COURT
Susan Paradise Baxter, District Judge
Plaintiff initiated the instant action on July 12, 2016. ECF No. 1. On September 29,
2017, Defendants filed a Motion to Dismiss pursuant to Rule 12(b)(6) of the Federal Rules of
Civil Procedure. ECF No. 49. On June 7, 2018, Plaintiff filed a motion seeking leave to file a
Second Amended Complaint. ECF No. 77. On July 25, 2018, the undersigned, then a United
States Magistrate Judge, issued a Report and Recommendation that the Motion to Dismiss be
granted in part and denied in part. ECF No. 72. The Report also recommended that Plaintiff’s
request for leave to amend be denied. In response, Plaintiff filed objections to the Report and
Recommendation. ECF No. 84.
On September 14, 2018, the undersigned was sworn in as a United States District Judge.
This action was reassigned to this Court’s docket on September 17, 2018. ECF No. 85.
After conducting a thorough de novo review of Plaintiff’s objections, the Court stands by
the conclusions set forth in the Report and Recommendation. Accordingly, it is HEREBY
ORDERED that the Report and Recommendation issued on July 25, 2018, is converted into a
final Memorandum Opinion. Consistent with the recommendation therein, Defendants’ Motion

1

to Dismiss is GRANTED in part and DENIED in part. Plaintiff’s Motion for Leave to Amend is
DENIED.

/s/ Susan Paradise Baxter
SUSAN PARADISE BAXTER
United States District Judge
Dated: September 25, 2018

2