ORTIZ v. BAIRD et al

Filing 55

ORDER dircting that, upon consideration of 54 Objections to Report and Recommendation and after a second de novo review of the pleadings and documents in this case, 52 ORDER adopting 50 Report and Recommendation as the opinion of this Court an d granting 43 Motion for Summary Judgment and 53 ORDER entering FINAL JUDGMENT are CONFIRMED; Pursuant to Rule 4(a)(1) of the Federal Rules of Appellate Procedure, if any party wishes to appeal from this Order, a notice of appeal, as provided by Fed.R.App.P.3, must be filed with the Clerk of Court, within thirty (30) days. Signed by Chief Judge Gary L. Lancaster on 3/28/13. (map)

IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF PENNSYLVANIA

ISMAEL ACEVEDO ORTIZ,
Plaintiff,
v.
DANIEL JEROME BAIRD,
Defendants.

AL,

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Civil Action No. 10-1753
Chief District Judge Gary L. Lancaster/
Magistrate Jildge Maureen P. Kelly

MEMORANDUM ORDER

The record in this case indicates that the above captioned case was initiated by the filing
of a motion to proceed in forma pauperis (ECF No.1) on

Decembel~

29,2010, and was referred

to United States Magistrate Judge Maureen P. Kelly for pretrial pfOi:;eedings in accordance with
the Magistrate Judges Act, 28 U.S.C. § 636(b)(1), and the local rules of this court.
On February 15, 2013, the Magistrate Judge filed a Report and Recommendation (ECF
No. 50) recommending that the Motion for Summary Judgment

fiI.,~d

by Defendants (ECF No.

43) be granted. Plaintiff was served with the Report and Recommendation at his address of
record and was advised that he was permitted to file written objeclions, in accordance with the
schedule established in the docket entry reflecte:d by the fi ling of the H.eport and Recommendation,
with the Clerk of Court.

That deadline was later extended to Man;h 25, 2013. No objections

were filed by that date and consequently, on March 26, 2013, I entered separate orders granting
defendants' Motion for Summary Judgment, adopting the Report and Recommendation as the
opinion of the Court, and closing the instant c:ase (ECF No. 52), and granting final judgment to
defendants in this action (ECF No. 53).

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Present before the Court is plaintiffs "Motion Objection to Magistrate Maureen P.
Kelly's Report & Recommendation" (ECF No. 54), which the Court will construe as plaintiffs
objections to the Magistrate Judge's Report and Recommendation. These objections do not
undermine the recommendation of the Magistrate Judge.
Therefore, after a second de novo revi:ew of the pleadings and documents in this case,
together with the Report and Recommendation, and the delinquent objection thereto, IT IS
HEREBY ORDERED, this

aT"

~ day of March, 2013, that the ordi~rs of March 26,2013 (ECF

Nos. 52 and 53) are CONFIRMED. Defendants' Motion for Summary Judgment (ECF No. 43)
is granted and the Report and Recommendation (ECF. No. 50), dated February 15, 2013, is
adopted as the Opinion of the Court.
IT IS FURTHER ORDERED that pursuant to Rule 4(a)(1) of the Federal Rules of
Appellate Procedure, if any party wishes to appeal from this Order, a notice of appeal, as
provided by 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.

Ion. Gary L. La.ncaster
Chief United States District Judge
cc:

Hon. 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 filing

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