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)

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA CHARLES W. BAXTER, Plaintiff, v. MAGISTERIAL JUDGE DJ HAMMER, et al., Defendants. ) ) ) ) ) ) ) ) ) ) ) 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

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