GODFREY v. ADAMO et al

Filing 50

ORDER denying 29 Motion for Summary Judgment; granting 37 Motion for Summary Judgment and adopting Report and Recommendations re 48 Report and Recommendations. Signed by Judge Terrence F. McVerry on 7/15/2014. (kly)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
PERCY L. GODFREY, JR.,

)
)
)
vs.
)
)
)
OFFICER MARC ANTHONY ADAMO, )
party/agency of Mercer County,
)
Pennsylvania in his official and individual )
Capacity; CORPORAL MARK JOHNSON, )
party/agency of Mercer County,
)
Pennsylvania in his official and individual )
Capacity; THE CITY OF SHARON
)
PENNSYLVANIA POLICE
)
DEPARTMENT,
)
Defendants. )
Plaintiff,

Civil Action No. 13-719
Judge Terrence F. McVerry/
Magistrate Judge Maureen P. Kelly

Re: ECF Nos. 29 and 37

ORDER
AND NOW, this 15th day of July, 2014, after Plaintiff, Percy L. Godfrey, Jr., filed an
action in the above-captioned case, and after the cross-motions for summary judgment were filed
by the parties, and after a Report and Recommendation was filed by the United States Magistrate
Judge giving the parties until June 27, 2014, 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 Plaintiff’s Motion for Summary Judgment, ECF No.
29, is denied, and Defendants’ Motion for Summary Judgment, ECF No. 37, 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
Percy L. Godfrey, Jr.
KY-4638
SCI Mercer
801 Butler Pike
Mercer, PA 16137-5653
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