DOCKERY v. BEARD et al

Filing 127

MEMORANDUM ORDER granting 113 Motion for Summary Judgment and adopting Report and Recommendations re 126 Report and Recommendations. Signed by Judge Terrence F. McVerry on 9/27/2011. (kly)

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

TIMOTHY DOCKERY,
Plaintiff,
v.
JEFFREY BEARD, et al.,
Defendants.

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Civil Action No. 09-732
Judge McVerry
Magistrate Judge Bissoon

MEMORANDUM ORDER
Timothy Dockery (“Plaintiff”) currently is a state inmate incarcerated at the State
Correctional Institution at Frackville, Pennsylvania (“SCI-Frackville”). Plaintiff brings this suit
pursuant to the Civil Rights Act of 1871, 42 U.S.C § 1983, et seq., against numerous named
Defendants. (Doc. 5). Plaintiff filed an amended complaint on August 19, 2009, that
incorporates the allegations in the initial complaint. (Doc. 17) This civil action commenced
with the receipt of the initial complaint on June 8, 2009. (Doc. 1-2). Plaintiff was granted leave
to proceed in forma pauperis (“IFP”) on June 9, 2009. This case was referred to United States
Magistrate Judge Cathy Bissoon for pretrial proceedings in accordance with the Magistrates Act,
28 U.S.C. § 636(b)(1), and Rules 72.C and 72.D of the Local Rules for Magistrates.
On August 25, 2011, the magistrate judge issued a report and recommendation (Doc.
126), recommending that Defendant Myers’s motion for summary judgment (Doc. 113) be
granted. She further recommended that Plaintiff’s claims against Defendant Williams be
dismissed for failure to prosecute. Finally, it was recommended that Defendant Lieutenant
Vojacek be dismissed, sua sponte, pursuant to 28 U.S.C. § 1915(e)(2)(B). A copy of the report

was mailed to Plaintiff at his address of record, and the parties were allowed until September 8,
2011, to file objections. As of the date of this writing, no objections have been filed.
After de novo review of the pleadings and documents in the case, together with the report
and recommendation (Doc. 126), the following ORDER is entered:

AND NOW, this 27th day of September, 2011,
IT IS HEREBY ORDERED that Defendant Myers’s motion for summary judgment (Doc.
113) is GRANTED.
IT IS FURTHER ORDERED that Plaintiff’s claims against Defendant Williams are
DISMISSED, with prejudice.
IT IS FURTHER ORDERED that Plaintiff’s claims against Defendant Lieutenant
Vojacek are DISMISSED, sua sponte, with prejudice.
IT IS FURTHER ORDERED that the report and recommendation of Magistrate Judge
Bissoon (Doc. 126), is adopted as the opinion of this Court.

BY THE COURT:

s/Terrence F. McVerry
UNITED STATES DISTRICT JUDGE

cc:
TIMOTHY DOCKERY
BK-8487
SCI Frackville
1111 Altamont Blvd.
Frackville, PA 17931
counsel of record

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