RIECO v. COLEMAN et al

Filing 69

MEMORANDUM ORDER GRANTING 39 AND 41 Motions to Dismiss; ADOPTING Report and Recommendations 64 as the Opinion ofthe Court. Clerk of Court mark this case CLOSED. Signed by Judge Arthur J. Schwab on 6/10/15. (Copy of this order is mailed to plaintiff) (lck)

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

DWAYNE RIECO,

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Plaintiff,

v.
BRIAN COLEMAN, et al.,
Defendants.

Civil Action No. 2:14-cv-00351
District Judge Arthur J. Schwab

MEMORANDUM ORDER

This case was commenced on March 18, 2014, and was referred to United States
Magistrate Judge Cynthia Reed Eddy for pretrial proceedings in accordance with the Magistrate
Judges Act, 28 U.S.C. § 636(b)(l), and the Local Rules of Court for Magistrate Judges.
Defendant Dr. Saavedra and the DOC Defendants filed separate Motions to Dismiss, both
of which were converted into Motions for Summary Judgment on the issue of exhaustion (ECF
Nos. 39 and 41, respectively).
On May 7, 2015, Magistrate Judge Eddy filed a Report and Recommendation (ECF No.
64) recommending that the motions to dismiss which had been converted into motions for
summary judgment be granted. The Report and Recommendation was mailed to Plaintiff at his
listed address of record.

Plaintiff was advised that written objections to the Report and

Recommendation were to be filed by May 26, 2015. On May 18, 2015, Plaintiffrequested an
extension of time to file his written objections. Said request was granted and Plaintiff was given
until June 5, 2015 to file written objections.
The time has now passed for filing written objections.
objections nor has he requested additional time in which to do so.

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Plaintiff has not filed any

The 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
Recommendation, the following order is entered:

AND NOW, this /IJ ~"day of June, 2015:
1.

The Motion to Dismiss filed by Defendant Dr. Saavedra (ECF No. 39) and the

Motion to Dismiss filed by the DOC Defendants (ECF No. 41 ), both of which have been
converted into a Motion for Summary Judgment on the issue of exhaustion, are GRANTED; and
2.

IT IS FURTHER ORDERED that the Report and Recommendation (ECF No.

64) dated May 7, 2015, is ADOPTED as the Opinion ofthe Court.

IT IS FURTHER ORDERED that the Clerk of Court mark this case CLOSED.
AND IT IS FURTHER ORDERED that pursuant to Rule 4(a)(l) of the Federal Rules
of Appellate Procedure, Plaintiff has thirty (30) days to file a notice of appeal as provided by
Rule 3 ofthe Federal Rules of Appellate Procedure.

-t"

So ORDERED this/0 day of June, 2015.

cc:

DWAYNE RIECO
HU2494
PO Box 99991
Pittsburgh, PA 15233
(via U.S. First Class Mail)
Mary Lynch Friedline
Office of Attorney General
(via ECF electronic notification)
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Yana L. Warshafsky
Office of the Attorney General
(via ECF electronic notification)
Cassidy L. Neal
Mats Baum O'Connor P.C.
(via ECF electronic notification)

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