ROSA-DIAZ v. OVERMYER et al

Filing 25

MEMORANDUM ORDER granting in part and denying in part 12 Defendants' Motion to Dismiss for Failure to State a Claim; granting 16 Defendant's Motion to Dismiss for Failure to State a Claim. For the reasons set forth in the Report and Re commendation 23 , which is hereby adopted as the final order of the Court, Defendants' Motion to Dismiss 12 is hereby GRANTED as to defendants Albertine, Beach, Hughan, Leuthold, Overmyer, Schultz and Varner, each of whom is dismissed from th is action, with prejudice. Defendants' Motion to Dismiss 12 is DENIED as to Plaintiff's access to the courts claim against Defendant Siegel. Defendant Heffernan's Motion to Dismiss 16 is GRANTED. Defendant Heffernan is 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
GABRIEL ROSA-DIAZ,
Plaintiff,

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v.
MICHAEL OVERMYER, et al.,
Defendants.

Civil Action No. 1:17-cv-200

Judge Susan Paradise Baxter

ORDER OF COURT
Susan Paradise Baxter, District Judge
Plaintiff initiated the instant action on July 24, 2017. ECF No. 1. On October 31, 2017,
Defendants filed Motions to Dismiss pursuant to Rule 12(b)(6) of the Federal Rules of Civil
Procedure. ECF Nos. 12, 16. On May 2, 2018, the undersigned, then a United States Magistrate
Judge, issued a Report and Recommendation that the Motion to Dismiss filed by Defendant
Heffernan (ECF No. 16) be granted and that the Motion to Dismiss filed by the remaining
Defendants (ECF No. 12) be granted in part and denied in part. ECF No. 23. Specifically, the
Report recommended that all claims and defendants be terminated from this action with the
exception of Plaintiff’s denial of access to courts claim against Defendant Siegel. 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 18, 2018. ECF No. 24.
In light of the foregoing, it is HEREBY ORDERED that the Report and Recommendation
issued on May 2, 2018, is converted into a final Memorandum Opinion. Consistent with the
recommendation therein, Defendant Heffernan’s Motion to Dismiss is GRANTED and
Heffernan is dismissed from this action, with prejudice. The Motion to Dismiss filed by the
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remaining Defendants is GRANTED as to Defendants Albertine, Beach, Hughan, Leuthold,
Overmyer, Schultz, and Varner, each of whom is dismissed from this action, with prejudice. The
Motion to Dismiss is DENIED as to Plaintiff’s denial of access to the courts claim against
Defendant Siegel.
/s/ Susan Paradise Baxter
SUSAN PARADISE BAXTER
United States District Judge
Dated: September 25, 2018

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