HOOKEY v. PELZER et al

Filing 113

ORDER granting 103 Motion for Summary Judgment filed by Defendants Pelzer, McGavitt, Strawn and Washington County ; adopting 112 Report and Recommendation dated May 10, 2013 as the opinion of the court. IT IS FURTHER ORDERED that Defendant s Sutherland and Pettit are DISMISSED from this action. IT IS FURTHER ORDERED that the Clerk of the Court mark this case CLOSED. AND IT IS FURTHER ORDERED that pursuant to Rule 4(a)(1) of the Federal Rules of Appellate Procedure, Plaintiff has thirty (30) days to file a notice of appeal as provided by Rule 3 of the Federal Rules of Appellate Procedure. Signed by Judge Joy Flowers Conti on 6/12/2013. (smc )

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

MEGAN HOOKEY,
Plaintiff,
v.
JOSEPH PELZER, Warden, CHERYL
MCGAVITT, Head Nurse, EDWARD
STRAWN, Captain, WASHINGTON
COUNTY, JOHN C. PETITT, LISA
SUTHERLAND, Adult Probation
Officer,
Defendants.

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Civil Action No. 08 – 1733
District Judge Joy Flowers Conti
Chief Magistrate Judge Lisa Pupo Lenihan

MEMORANDUM ORDER
This case is before the Court on the Report and Recommendation filed by Chief
Magistrate Judge Lisa Pupo Lenihan on May 10, 2013.

(ECF No. 112.)

Judge Lenihan

recommended that the Motion for Summary Judgment filed by Defendants Pelzer, McGavitt,
Strawn and Washington County (ECF No. 103) be granted.

She also recommended that

Defendant Sutherland be dismissed from this action for the failure of Plaintiff Megan Hookey
(“Plaintiff”) to serve her timely in compliance with Federal Rule of Civil Procedure 4(m) and for
Plaintiff’s failure to prosecute under Federal Rule of Civil Procedure 4(b).

She further

recommended that Defendant Pettit be dismissed from this action because he is deceased and
Plaintiff failed to file a proper motion to substitute naming his legal representative within the
required time limit pursuant to Federal Rule of Civil Procedure 25(a)(1). The parties were
served with the Report and Recommendation and informed that they had until May 28, 2013, to
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file written objections. As of the date of this order, no objections have been filed. As such, after
de novo review of the pleadings and documents in the case, together with the Report and
Recommendation, the following order is entered.
AND NOW, this 12th day of June, 2013,
IT IS HEREBY ORDERED that the Motion for Summary Judgment filed by
Defendants Pelzer, McGavitt, Strawn and Washington County (ECF No. 103) is GRANTED.
IT IS FURTHER ORDERED that Defendants Sutherland and Pettit are DISMISSED
from this action.
IT IS FURTHER ORDERED that the Report and Recommendation dated May 10,
2013, (ECF No. 112), is ADOPTED as the opinion of the court.
IT IS FURTHER ORDERED that the Clerk of the Court mark this case CLOSED.
AND IT IS FURTHER ORDERED that pursuant to Rule 4(a)(1) of the Federal Rules
of Appellate Procedure, Plaintiff has thirty (30) days to file a notice of appeal as provided by
Rule 3 of the Federal Rules of Appellate Procedure.

By the Court:
/s/ Joy Flowers Conti___
Joy Flowers Conti
United States District Judge
cc: Counsel of Record
Via ECF Electronic Mail

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