BAXTER v. MAGISTERIAL JUDGE DJ HAMMER et al

Filing 43

MEMORANDUM ORDER indicating that that the motions to dismiss filed by Defendant Kevin Kallenbach 23 and Defendant Magisterial District Judge Scott B. Hammer 26 , are granted, and that said Defendants are terminated from this case; The report and recommendation of Magistrate Judge Baxter 42 , dated 8/23/17, is adopted as the opinion of the Court. Signed by Judge Nora Barry Fischer on 9/21/17. (jg)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA

CHARLES W. BAXTER,
Plaintiff,
v.
MAGISTERIAL JUDGE DJ HAMMER,
et al.,
Defendants.

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C.A. No. 1:16-290

MEMORANDUM ORDER

This prisoner civil rights action was received by the Clerk of Court on November 30,
2016, and was referred to United States Magistrate Judge Susan Paradise Baxter for report and
recommendation in accordance with the Magistrates Act, 28 U.S.C. §636(b)(1), and Rules 72.1.3
and 72.1.4 of the Local Rules for Magistrates. The magistrate judge’s report and
recommendation, filed on August 23, 2017, (Docket No. [42]), recommended that the motions to
dismiss filed by Defendant Kevin Kallenbach, (Docket No. [23]), and Defendant Magisterial
District Judge Scott B. Hammer, (Docket No. [26]), be granted and that said Defendants be
terminated from this case.

Service was made on all parties, and objections were due by

September 6, 2017. No objections were filed. After de novo review of the documents in the
case, together with the report and recommendation, the following order is entered:

AND NOW, this 20th day of September, 2017,
IT IS HEREBY ORDERED that the motions to dismiss filed by Defendant
Kevin Kallenbach, (Docket No. [23]), and Defendant Magisterial District Judge Scott B.
Hammer, (Docket No. [26]), are granted, and that said Defendants are terminated from this case.
The report and recommendation of Magistrate Judge Baxter, dated August 23,
2017, is adopted as the opinion of the Court.

s/Nora Barry Fischer
Nora Barry Fischer
United States District Judge

cc/ecf: Susan Paradise Baxter
U.S. Magistrate Judge
Charles W. Baxter
Erie County Prison
1618 Ash Street
Erie, PA 16503
All counsel of record