JANKOWSKI v. LELLOCK et al

Filing 76

ORDER that 73 Motion to Dismiss Case with Prejudice and/or Enter a Final Disposition of Zero Dollars against Defendant filed by Defendant Robert Lellock, is granted in part and denied in part. The Motion to Dismiss the Case with Prejudice against Defendant Robert Lellock IS GRANTED and the case against him is DISMISSED WITH PREJUDICE. IT IS FURTHER ORDERED that the Motion to Enter a Final Disposition of Zero Dollars against Defendant Lellock IS DENIED. IT IS FURTHER ORDERED that 75 Report and Recommendation of Magistrate Judge Lenihan dated September 12, 2017, is adopted as the opinion of the Court. Signed by Chief Judge Joy Flowers Conti on 10/5/2017. (smc)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
DAVID JANKOWSKI,
Plaintiff,
v.
ROBERT LELLOCK, et al.,
Defendants.

)
)
)
)
)
)
)
)
)
)
)

Case No. 2:13-cv-194
Chief Judge Joy Flowers Conti
Magistrate Judge Lisa Pupo Lenihan
ECF Nos. 73 & 75

MEMORANDUM ORDER
Plaintiff commenced this civil action by filing a Complaint with the Clerk of Court
on February 6, 2013, which was assigned to Judge Terrence F. McVerry. Upon Judge
McVerry’s retirement, this case was randomly assigned to a United States Magistrate
Judge on October 13, 2016 for pretrial proceedings in accordance with the Magistrate
Judges Act, 28 U.S.C. §636(b)(1), and Local Rules of Court 72.C and 72.D.

On

September 12, 2017, the undersigned was randomly assigned as the presiding judge,
and magistrate judge became the referred judge.
The magistrate judge's Report and Recommendation (ECF No. 75), filed on
September 12, 2017, recommended that the Motion to Dismiss Case with Prejudice
and/or Enter a Final Disposition of Zero Dollars against Defendant (ECF No. 73), filed
by Defendant Robert Lellock, be granted in part and denied in part.

It was

recommended that the Motion to Dismiss the Case with Prejudice be granted, and the
Motion to Enter a Final Disposition of Zero Dollars against Defendant Lellock be denied.
Service was made on Defendant Lellock, LK-1459, at 1600 Walters Mill Road,
Somerset, PA

15510, via First Class, U.S. Mail, and on all counsel of record via

CM/ECF electronic mail.

The parties were informed that in accordance with the

Magistrate Judges Act, 28 U.S.C. § 636(b)(1)(B) and (C), and Rule 72.D.2 of the Local
Rules of Court, that they had fourteen (14) days to file any objections. No objections
have been filed to the Report and Recommendation.
After review of the pleadings and documents in the case, together with the
Report and Recommendation, the following Order is entered:

AND NOW, this 5th day of October, 2017,
IT IS HEREBY ORDERED that the Motion to Dismiss Case with Prejudice and/or
Enter a Final Disposition of Zero Dollars against Defendant (ECF No. 73), filed by
Defendant Robert Lellock, is granted in part and denied in part. The Motion to Dismiss
the Case with Prejudice against Defendant Robert Lellock IS GRANTED and the case
against him is DISMISSED WITH PREJUDICE.
IT IS FURTHER ORDERED that the Motion to Enter a Final Disposition of Zero
Dollars against Defendant Lellock IS DENIED.
IT IS FURTHER ORDERED that the Report and Recommendation (ECF No. 75)
of Magistrate Judge Lenihan dated September 12, 2017, is adopted as the opinion of
the Court.
BY THE COURT:
/s/ Joy Flowers Conti
JOY FLOWERS CONTI
Chief United States District Judge

2

cc:

All Counsel of Record
Via CM/ECF Electronic Mail
Robert Lellock
LK-1459
SCI-Somerset
1600 Walters Mill Road
Somerset, PA 15510
Via First Class U.S. Mail

3