SHEPLER v. JEFFERSON COUNTY JAIL BROAD MEMBER et al

Filing 79

ORDER adopting 77 Report and Recommendation. Defendant's Motion for Summary Judgment (Doc. 65 ) is GRANTED and the Report and Recommendation of Magistrate Judge Eddy dated January 20, 2015, hereby is adopted as the Opinion of the District Court. Signed by Judge Cathy Bissoon on 2/9/15. A copy of today's Memorandum Order was mailed to Plaintiff at his address of record via First Class U.S. Mail. (rld)

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

SHANE LEE SHEPLER,
Plaintiff,
v.
WARDEN THOMAS ELBEL,
Defendant.

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Civil Action No. 13-521
Judge Cathy Bissoon
Magistrate Judge Cynthia Reed Eddy

MEMORANDUM ORDER
This case was referred to United States Magistrate Judge Cynthia Reed Eddy for pretrial
proceedings in accordance with the Magistrates Act, 28 U.S.C. §§ 636(b)(l)(A) and (B), and
Local Rule of Civil Procedure 72.
On December 30, 2013, the Magistrate Judge issued a Report (Doc. 37) recommending
that Defendants’ Partial Motion to Dismiss be granted. The Court adopted the Report and
Recommendation. (Doc. 42). At that time, the claim against Defendant Jefferson County Board
Member was dismissed with prejudice,1 and Plaintiff was granted leave to amend his Complaint
with respect to three specific claims against Warden Thomas Elbel.
On January 20, 2015, the Magistrate Judge issued a Report (Doc. 77) recommending that
Defendant Warden Elbel’s Motion for Summary Judgment (Doc 65) as to the Amended
Complaint against Warden Elbel be granted in its entirety. Service of the Report and
Recommendation was made on Plaintiff, and no objections have been filed.

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The Court notes that Plaintiff’s Amended Complaint again names Defendant Jefferson County Board
Member, although the claim against that Defendant was previously dismissed with prejudice and leave to amend
with respect to that party was not granted. (Doc. 47).

After a review of the pleadings and documents in the case, together with the Report and
Recommendation, the following Order is entered:
Defendant’s Motion for Summary Judgment (Doc. 65) is GRANTED. The Magistrate
Judge’s Report and Recommendation dated January 20, 2015, hereby is adopted as the Opinion
of the District Court.
IT IS SO ORDERED.

February 9, 2015

s\Cathy Bissoon
Cathy Bissoon
United States District Judge

cc (via ECF email notification):
All counsel of record
cc (via First-Class U.S. Mail):
Shane Lee Shepler
KX 8935
SCI Albion
10745 Route 18
Albion, PA 16475-0002

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