THOMAS v. WALTON et al

Filing 43

ORDER adopting Report and Recommendations re 39 Report and Recommendations and granting 26 Motion to Dismiss for Failure to State a Claim. Signed by Judge Terrence F. McVerry on 5/29/2013. (kly)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
JEFFROW THOMAS,

)
)
)
vs.
) Civil Action No. 12-41
) Judge Terrence F. McVerry/
MR. JOHN WALTON, Warden; MR.
) Magistrate Judge Maureen P. Kelly
STEVEN CMAR, Deputy Warden; MR.
)
BILL NICHOLSON, Medical Supervisor; )
MR. MIKE KUSMA, Physician Assistant; )
MS. GAIL GASKILL, Nurse,
)
Defendants. )
Plaintiff,

ORDER
AND NOW, this 29th day of May, 2013, after the Plaintiff Jeffrow Thomas,
filed an action in the above-captioned case, and after a Report and Recommendation was filed by
the United States Magistrate Judge recommending that the Complaint be dismissed for failure to
state a claim and granting the parties until May 28, 2013, to file written objections thereto, and
upon consideration of the objections filed by Plaintiff, 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 to Dismiss submitted on behalf of
Defendants, ECF No. 26, is granted.
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 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
BY THE COURT:
/s/ Terrence F. McVerry
Terrence F. McVerry
United States District Judge

cc:

Honorable Maureen P. Kelly
United States Magistrate Judge
Jeffrow Thomas
115 East 11th Avenue
Homestead, PA 15120
All Counsel of Record Via CM-ECF

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