STRATTON v. STEVE et al

Filing 80

ORDER adopting Report and Recommendation 77 of Magistrate Judge Kelly; that the Defendants' Motion to Dismiss 50 is denied; that, pursuant to Rule 4(a)(1) of the Federal Rules of Appellate Procedure, if the defendants desire to appeal from this Order they must do so within thirty (30) days by filing a notice of appeal as provided in Rule 3, Fed. R. App. P. Signed by Judge Nora Barry Fischer on 5/18/12. (jg)

i

IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF PENNSYL VANIA

ROBERT STRATTON,

)
Plaintiff,
)
)
vs.
)
)
CO I STEVE, BRIAN COLEMAN, SCI
)
Fayette Superintendent, CAPT. BARRIER,)
DR. PETE SAAVADRE, DR. GALLUCCI, )
MS. SUE BARRIER, P.A. MR. MEYER, )
MS. SHELLY MANKEY, LT. LESURE, )
MS. KERRI CROSS, Hearing Examiner,
)
CO I COLLINS, MS. SUMMER DUGAN, )
MR. JASON COOK, MS. J. BROWN,
)
MS. RICHELLE ZIRKLE, CO I HOSACK, )
CO I MURPHY, CAPT. CARL WALKER, )
Defendants. )

Civil Action Ho. 11-142
Judge Nora Barry Fischer
Magistrate Jujge Maureen P. Kelly

ORDER

AND NOW, this / rAay of May, 2012, after the J: laintiff filed an acticn in the
above-captioned case, and after a Motion to Dismiss was filed by defendants, anc
and Recommendation was filed by the United States Magistra:e Judge granting

th~

aftl~r

a Report

parties until

May 14,2012, to file written objections thereto, and no objections having been fiL:d :md upon
independent review of the record, and upon consideration of tIe Magistrate Judge's Report and
Recommendation, which is adopted as the opinion of this Cmrt,
IT IS HEREBY ORDERED that the Motion to Dismiss (Doc. 50) is DENlED.

.

I

IT IS FURTHER ORDERED that, pursuant to Rule 4(1)(1) of the Federal

Rul,~s

of

Appellate Procedure, if the defendants desire to appeal from tllis Order they must :10 :;,0 within
thirty (30) days by filing a notice of appeal as provided in Rub 3, Fed. R. App. P.

BY THE COURT

---+-l...lt.£!L~~r~
ora Barry Fisc~er
United States

cc:

Honorable Maureen P. Kelly
United States Magistrate Judge
All Counsel of Record by electronic filing
Robert Stratton

DA2917

SCI FOREST

P.O. BOX 945

MARIENVILLE, PA 16239

Robert Stratton

DA2917

Box A

PO Box 9999 LaBelle, PA 15450

2

Di~trict

Judge