BROTHERS v. CORBETT et al

Filing 82

ORDER adopting Report and Recommendation 81 as the opinion of the Court;. that the Motion to Dismiss 52 is granted; 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. Signed by Judge Nora Barry Fischer on 10/6/15. (jg)

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

WILLIAM B. BROTHERS, JR.,
Plaintiff,

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vs.
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TOM CORBETT, Governor of the
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State of Pennsylvania; PENNSYLVANIA )
DEPARTMENT OF CORRECTIONS;
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PENNSYLVANIA BOARD OF
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PROBATION AND PAROLE; BRENDA )
GOODALL, S.C.I. Mercer Record Officer; )
KIM PETERSON, S.C.I. Mercer Record
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Officer; SNYDER, (retired) Parole Office )
Supervisor; LISA GRAVES, S.C.I. Mercer )
Unit Manager; GREGORY GIDDENS,
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Unit Manager of Pennsylvania Department )
Of Corrections; BRIAN H. THOMPSON, )
Suprintendent of Pennsylvania
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Department of Corrections; CHERYL
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LABENNE, Hearing Examiner and or
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Board Member of the Pennsylvania Board )
of Probation and Parole; MATTHEW
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MANGINO, Member of the Pennsylvania )
Board of Probation and Parole; HOGUE, )
Hearing Examiner and or Board Member on)
the Pennsylvania Board of Probation and )
Parole; MICHAEL C. POTTEIGER,
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Chairman of the Pennsylvania Board of
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Probation and Parole; RANDY P.
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FEATHERS, Member on the Pennsylvania )
Board of Probation and Parole; C. JAMES )
FOX, Board Member, Pennsylvania Board )
of Probation and Parole; MICHAEL L.
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GREEN, Member, Pennsylvania Board
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of Probation and Parole; JEFFREY
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R. IMBODEN, Board Member,
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Pennsylvania Board of Probation and
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Parole; CRAIG R. McKAY, Member,
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Pennsylvania Board of Probation and
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Parole; JOHN TUTTLE, Member,
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Civil Action No. 13-1154
Judge Nora Barry Fischer/
Chief Magistrate Judge Maureen P. Kelly

Pennsylvania Board of Probation and
Parole; JUDITH E. VIGLIONE,
Member, Pennsylvania Board of Probation
and Parole; LLOYD A. WHITE, Member,
Pennsylvania Board of Probation and
Parole; ALAN M. ROBINSON, Attorney
employed to represent the Pennsylvania
Board of Probation and Parole; JOHN
E. WETZEL, Secretary of Pennsylvania
Department of Corrections,
Defendants.

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ORDER
AND NOW, this 6th day of October, 2015, after Plaintiff William B. Brothers, Jr., filed
an action in the above-captioned case, and after a Motion to Dismiss was filed by Defendants,
and after a Report and Recommendation was filed by the United States Magistrate Judge giving
the parties until September 28, 2015, to file written objections thereto, and no Objections having
been filed, 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 Motion to Dismiss, ECF No. 52, 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/Nora Barry Fischer
Nora Barry Fischer
United States District Judge

cc:

Honorable Maureen P. Kelly
Chief United States Magistrate Judge
William B. Brothers, Jr.
813 McCleary Avenue
New Castle, PA 16101
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