HUGHES v. HARPER et al

Filing 68

MEMORANDUM ORDER granting defendants' 57 Motion for Summary Judgment and adopting 67 Report and Recommendation of Magistrate Judge Eddy as the Opinion of the Court. The Clerk shall mark this case CLOSED. Signed by Judge David S. Cercone on 3/8/17. (njt)

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

GREGORY L. HUGHES,
Plaintiff,
V.

SGT. KASS, SGT. COULTER,
SGT. NORT, R.N. HUMPHREYS, and
INSPECTOR KEARNS,
Defendants.

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2: 14cv585
Electronic Filing

Judge David Stewart Cercone

MEMORANDUM ORDER

This case was commenced on May 7, 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. Upon Plaintiff's
compliance with the statutory requirements, his motion to proceed in forma pauperis was granted
and the Complaint was formally filed on June 24, 2014. (ECF No. 6.)
Following the close of discovery, Defendants filed a motion for summary judgment (ECF
No. 57), to which Plaintiff filed a response in opposition. (ECF Nos. 63, 64).
On February 2, 2017, Magistrate Judge Eddy filed a Report and Recommendation (ECF
No. 67) recommending that Defendants' motion for summary judgment be granted. Plaintiff was
served with the Report and Recommendation at his listed address of record and was advised that
he had until February 21, 2017, to file written objections to the Report and Recommendation. To
date, Plaintiff has not filed any objections nor has he sought an extension of time in which to do
so.

After de nova review of the pleadings and documents in the case, together with the
Report and

Recommendation~ollowing order is entered:

AND NOW, this

L

day of March, 2017:

1.

Defendants' motion for summary judgment (ECF No. 57) is GRANTED; and

2.

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

67) dated February 2, 2017, is ADOPTED as the Opinion of the 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 of the Federal Rules of Appellate Procedure.

David Stewart Cercone
United States District Judge

cc:

Gregory L. Hughes
444 Fourth Street
Braddock, PA 15104
(Via First Class Mail)
John A. Bacharach, Esquire
(Via CMIECF Electronic Mail)

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