HARRIS v. OFFICER MICHAEL REDDY et al

Filing 45

ORDER denying 31 Motion for Summary Judgment; adopting Report and Recommendations re 44 Report and Recommendations of Magistrate Judge Lenihan, dated June 29, 2009. Signed by Judge Joy Flowers Conti on 8/31/09. (smc )

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA CARLOS HARRIS, Plaintiff, v. OFFICER MICHAEL REDDY, Pittsburgh Police Department; OFFICER SEAN RATTIGAN, Pittsburgh Police Department; OFFICER ROBERT PIRES, Pittsburgh Police Department; OFFICER JOHN SEZENSKY, Pittsburgh Police Department; OFFICER BURFORD, Pittsburgh Police Department and PITTSBURGH POLICE DEPARTMENT, Zone 5 Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Civil Action No. 07 - 216 Judge Joy Flowers Conti Magistrate Judge Lisa Pupo Lenihan Doc. No. 31 MEMORANDUM ORDER Plaintiff's complaint was received by the Clerk of Court on February 20, 2007 and was referred to United States Magistrate Judge Lisa Pupo Lenihan for pretrial proceedings 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 Magistrate Judges. The Magistrate Judge's Report and Recommendation, filed on June 29, 2009 (Doc. No. 44), recommended that Defendants' Motion for Summary Judgment (Doc. No. 31) be denied. Service was made on Plaintiff at SCI-Greene, 175 Progress Drive, Waynesburg, PA 15370, and on counsel for Defendants. Recommendation were filed. No objections to the Report and After review of the pleadings and documents in the case, together with the Report and Recommendation, the following Order is entered: AND NOW, this 2nd day of September , 2009, IT IS HEREBY ORDERED that Defendants' Motion for Summary Judgment (Doc. No. 31) is DENIED. The Report and Recommendation of Magistrate Judge Lenihan, dated June 29, 2009 (Doc. No. 44), is adopted as the opinion of the Court. /s/ Joy Flowers Conti JOY FLOWERS CONTI United States District Judge cc: The Honorable Lisa Pupo Lenihan United States Magistrate Judge Carlos Harris, EW5113 SCI Greene 175 Progress Drive Waynesburg, PA 15370 All Counsel of Record Via Electronic Mail 2

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