ALLEN v. BEARD et al

Filing 82

MEMORANDUM ORDER. 71 Motion for Summary Judgment is GRANTED. 77 Report and Recommendation is adopted as the Opinion of the Court. 68 Motion for Partial Summary Judgment is GRANTED. 78 Report and Recommendation is adopted as the Opinion of the Court. Only Plaintiff's claims of excessive force and retaliation made against Defendants Stoner, Mains, Staley, Schompert, and Reposky now remain. Signed by Judge Arthur J. Schwab on 08/12/09. (eca)

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA ANTHONY C. ALLEN, Plaintiff, v. JEFFREY A. BEARD, et al., Defendants. ) ) ) ) ) ) ) ) )

Civil Action No. 07-1398 Judge Schwab Magistrate Judge Bissoon

MEMORANDUM ORDER Anthony C. Allen's civil rights complaint was received on October 16, 2007, and was referred to United States Magistrate Judge Francis X. Caiazza 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 Magistrates. The matter was

later assigned to United States Magistrate Judge Cathy S. Bissoon. The Magistrate Judge filed two Reports and Recommendations on July 9, 2009. The first (Doc. 77) recommended that Defendant

Saavedra's Motion for Summary Judgment (Doc. 71) be granted, and the second (Doc. 78) recommended that the Motion for Partial Summary Judgment (Doc. 68) filed by the remaining Defendants be granted. The parties were allowed ten days from the date of Service was made on the Plaintiff by

service to file objections.

First Class United States Mail delivered to his place of incarceration, the State Correctional Institution at Fayette, located in LaBelle, Pennsylvania. Plaintiff requested an

extension of time to file Objections (Doc. 79).

This motion was

granted (Doc. 81) and Objections were due on or before August 7, 2009. No Objections have been filed. After de novo review of the pleadings and documents in the case, together with the Reports and Recommendations, the following order is entered: AND NOW, this 12th day of August, 2009, IT IS HEREBY ORDERED that Defendant Saavedra's Motion for Summary Judgment (Doc. 71) is GRANTED. The Magistrate Judge's

Report and Recommendation (Doc. 77) is adopted as the Opinion of the Court. IT IS FURTHER ORDERED that the Motion for Partial Summary Judgment (Doc. 68) filed by the remaining Defendants is GRANTED. The Magistrate Judge's Report and Recommendation (Doc. 78) is adopted as the Opinion of the Court1.

s/Arthur J. Schwab Arthur J. Schwab U.S. District Court Judge cc: ANTHONY C. ALLEN BQ-6634 SCI Fayette Box 9999 LaBelle, PA 15450

1. Only Plaintiff's claims of excessive force and retaliation made against Defendants Stoner, Mains, Staley, Schompert, and Reposky now remain. 2