ORTIZ v. BAIRD et al

Filing 52

ORDER adopting 50 Report and Recommendation as the opinion of this Court and granting 43 Motion for Summary Judgment; Parties advised of appellate rights. Signed by Chief Judge Gary L. Lancaster on 3/26/13. (map)

IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF PENNSYLVANIA

ISMAEL ACEVEDO ORTIZ,

)

)

Plaintiff,

) Civil Action No.1 0-1753
) Chief District Judge Gary L. Lancaster/
) Magistrate Judge Maureen P. Kelly

vs.
DANIEL JEROME BAIRD, VINCENT
PAUL KAL WASINSKI, ERNEST BORING,
SCOTT JOHN DAIS LEY, KELLY
LATTERNER, JOHN DOE #1, JOHN
DOE #2, JOHN DOE #3, JOHN DOE #4,
Defendants.

)
)
)
)

)
)

ORDER

AND NOW, this 26 th day of March" 2013, after the Plaintiff, Ismael Acevedo
Ortiz, filed an action in the above-captioned case, and after a Motion for Summary Judgment
[ECF No. 43] was filed by Defendants, and aftl;:r a Report and Recommendation was filed by the
United States Magistrate Judge granting the parties until March 4, 2013, and by extension until
March 25,2013, to file written objections thereto, and no objections having been filed, and upon
independent review of the record, and upon consideration of the Magistrate Judge's Report and
Recommendation, which is adopted as the opinion of this Court,
IT IS HEREBY ORDERED that the Motion for Sumnary Judgment [ECF No.
43] is GRANTED.
IT IS FURTHER ORDERED that, pursuant to Rule 41:a)(1) of the Federal Rules
of Appellate Procedure, if any party wishes to appeal from this Order a notice of appeal, as
provided in Fed. R. App. P. 3, must be filed with the Clerk of Court, United States District Court,

at 700 Grant Street, Room 3110, Pittsburgh, PA 15219, within thirty (30) days.

IJ~J
~ON.

GARY L. LANC-A-ST-E-R-----­

Chief United States Disuict Judge

cc:

Honorable Maureen P. Kelly
United States Magistrate Judge
Ismael Acevedo Ortiz

FY-3422

SCI-Frackville

1111 Altamont Boulevard

Frackville, PA 17931

All Counsel of Record by electronic fili.ng