KNIGHT v. MURPHY, et al

Filing 138

MEMORANDUM ORDER granting 116 and 120 Motions for Summary Judgment and adopting 132 Report and Recommendation of Magistrate Judge Lenihan as the opinion of the Court. The Clerk shall mark this case closed. Signed by Judge David S. Cercone on 12/17/15. (njt)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA

MELVIN KNIGHT,
Plaintiff,
V.

JOHN R. WALTON, eta!.,
Defendants.

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2:12cv984
Electronic Filing
Judge David Stewart Cercone
Magistrate Judge Lisa Pupo Lenihan

MEMORANDUM ORDER
This case was commenced on July 13, 2012, and was referred to United States Magistrate
Judge Lisa Pupo Lenihan for pretrial proceedings in accordance with the Magistrate Judges Act,
28 U.S.C. § 636(b)(1), and the Local Rules of Court for Magistrate Judges.
The last remaining defendants in this action filed Motions for Summary Judgment on
March 3 and 5, 2015. (ECF 116 and 120.) Magistrate Judge Lenihan filed a Report and
Recommendation on September 24,2015, recommending that the Motions for Summary
Judgment be granted (ECF No. 132). The parties were advised that written objections to the
Report and Recommendation were to be filed within 14 days of the date of service. Plaintiff
filed a Motion for Extension of Time to file objections (ECF No. 133), which was granted (ECF
No. 134), and the deadline was thereafter extended to December 8, 2015. Plaintiff filed a Motion
to Appoint Counsel on December 8, 2015 (ECF No. 135), but he did not file objections or
request another extension of time.
The time has now passed for filing written objections and no party has filed any
objection. This Court has reviewed the matter and concludes that the Report and

Recommendation correctly analyzes the issues and makes a sound recommendation.
Accordingly, after de novo review of the pleadings and documents in the case, together with the
Report and

,._

Recommendatio~he

following order is entered:

AND NOW, this 11 day of December, IT IS HEREBY ORDERED that the Motions
for Summary Judgment (ECF 116 and 120) are granted; the Report and Recommendation is
affirmed and adopted as the Opinion of the Court; the Clerk of Court shall mark this case
CLOSED; and pursuant to Rule 4( a)( 1) of the Federal Rules of Appellate Procedure, Plaintiff has
thirty (30) days to file a notice of appeal as provided by Rule 3 of the Federal Rules of Appellate
Procedure.

David Stewart Cercone
United States District Judge

cc:

Honorable Lisa Pupo Lenihan
United States Magistrate Judge
Melvin Knight
KR 9608
SCI Greene
175 Progress Drive
Waynesburg, PA 15370
(Via First Class Mail)
Charles J. Dangelo, Esquire
Lee R. Demo sky, Esquire
Thomas P. Pellis, Esquire
Albert P. Veverka, Esquire
George P. Kachulis, Esquire
Jennifer M. Kirschler, Esquire
(Via CM/ECF Electronic Mail)

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