OHLER v. COUNTY OF FAYETTE et al

Filing 87

ORDER indicating that the Magistrate Judge's Report and Recommendation [ECF No. 82] is adopted as the opinion of this Court; that the Defendants' Motion to Dismiss the Amended Complaint [ECF No. 67 ] is granted in its entirety, and all claims against Defendant, Ms. Ohler, are dismissed with prejudice pursuant to the terms of the PLRA; that the Clerk is directed to mark this case closed. Signed by Judge Nora Barry Fischer on 12/9/11. (jg)

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IN THE UNITED STATES DISTR[CT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA STANLEY OHLER, SR., Plaintiff, v. COUNTY OF FAYETTE, etal., Defendants. ) ) ) ) ) ) ) ) ) ) Civil Actio: 1 No.1 0-771 Judge Nora Barry Fischer/ Magistrate .fudge Cynthia Reed Eddy ORDER AND NOW, this 9.ftday of December 2011, the PlaiHtiff having been granted in forma pauperis status, the Complaint in this action [ECF No.3] was filed on June 9, 20] O. On February 1,2011, the Magistrate Judge filed a Report and RecOlnmendation [ECF No. 56] respectfully recommending that the Defendants' Motions to Dis niss [ECF Nos. 21, 51] be granted in part and granted without prejudice in part. This Repc rt and Recommendation was adopted by the District Court in an Order dated March 24, 2011 [ECF No. 62]. On APIil 18, 2011, the Plaintiff filed an Amended Complaint [ECF No. 65]. In response, the Defendants filed a Motion to Dismiss [ECF No. 67]. In a Report and Recommenlation [ECF No. 82] dated November 4, 2011, the Magistrate Judge recommended that the \1otion to Dismiss be g:~anted. Timely Objections were filed by the Plaintiff [ECF No. 86]. Th~ Magistrate Judge has reviewed these Objections and found them to be without merit. Upon independent review of the record, and upon consideration of the Magistrate Judge's Report and Recommendation [ECF No. 82] which is adopted as the opinion of this Court, IT IS HEREBY ORDERED that the Defendants' Motion to Dismiss the Amended Complaint [ECF No. 67] is GRANTED in its entirety, and all claims again;t Defendant, Ms. Ohler, are dismissed with prejudice pursuant to the terms of the PLRA. The Clerk is directed to mark this case closed. -,Li.. ~t£.,4_BaIryFiSChl' ,.;NO] a United States District Judge cc: Counsel of Record via CM-ECF Stanley Ohler HR-0655 SCI-Mahoney 301 Morea Road Frackville, PA 17932 2

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