JEFFERSON v. WETZEL et al

Filing 63

MEMORANDUM ORDER denying 42 Motion for Summary Judgment; adopting Report and Recommendation 57 . For the reasons set forth in the Report and Recommendation, which is hereby adopted as the final opinion of the Court, the Motion for Summary Judgment filed by Defendant Behringer is DENIED. Signed by Judge Susan Paradise Baxter on 9/25/18. (jdg)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
LARRIE D. JEFFERSON,
Plaintiff,

)
)
)
)
)
)
)

v.
JOHN E. WETZEL, et al.,
Defendants.

Civil Action No. 1:16-cv-245

Judge Susan Paradise Baxter

ORDER OF COURT
Susan Paradise Baxter, District Judge
Plaintiff initiated the instant action on October 13, 2016. ECF No. 1. On December 4,
2017, the lone remaining defendant in this action, C.O. Behringer, filed a Motion for Summary
Judgment. ECF No. 42. On August 8, 2018, the undersigned, then a United States Magistrate
Judge, issued a Report and Recommendation that the Motion for Summary Judgment be denied.
ECF No. 57. No objections to the Report and Recommendation were filed.
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. 62.
In light of the foregoing, it is HEREBY ORDERED that the Report and Recommendation
issued on August 8, 2018, is converted into a final Memorandum Opinion. Consistent with the
recommendation therein, Defendant’s Motion for Summary Judgment is DENIED.

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

1