BARGER v. PENNSYLVANIA STATE POLICE et al

Filing 49

MEMORANDUM ORDER granting defendant TROOPER MCKENZIE 43 Motion to Dismiss; dismissing plaintiff's Second Amended Complaint with prejudice; and adopting e 47 Report and Recommendation of Judge Kelly as the opinion of the Court. The Clerk shall mark this case CLOSED. Signed by Judge David S. Cercone on 3/1/14. (njt)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
ROBERT KARL BARGER, JR.,
Plaintiff,

2:12cv259
Electronic Filing

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PENNSYLVANIA STATE POLICE,
Troop A; TROOPER MCKENZIE,
Defendants.
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AND NOW, this

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Judge David Stewart Cercone/
Magistrate Judge Maureen P. Kelly
Re: ECF No. 43

MEMORANDUM ORDER

_J_ day of March, 2014, after Plaintiff, Robert Karl Barger, Jr., filed a

Second Amended Complaint in the above-captioned case, and after Defendant Trooper
McKenzie filed a Motion to Dismiss, ECF No. 43, and after a Report and Recommendation was
filed by the United States Magistrate Judge giving the parties until February 24, 2014, to file
written objections thereto, and upon consideration of the objections filed by Plaintiff, ECF No.
48, and upon independent review ofthe 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 behalfofDefendant
Trooper McKenzie, ECF No. 43, is GRANTED, and the Second Amended Complaint is
dismissed with prejudice.
IT IS FURTHER ORDERED that the Clerk of the Court mark this case CLOSED.
AND IT IS FURTHER ORDERED that pursuant to Rule 4(a)(l) ofthe Federal Rules of
Appellate Procedure, Petitioner has thirty (30) days to file a notice of appeal as provided by Rule
3 ofthe Federal Rules of Appellate Procedure.

David Stewart Cercone
United States District Judge

cc:

Honorable Maureen P. Kelly
United Stats Magistrate Judge
Robert Karl Barger, Jr.
KS 6167
SCI Mercer
801 Butler Pike
Mercer, PA 16137
(Via First Class Mail)
Robert A. Willig, Esquire
(Via CMIECF Electronic Mail)

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