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)

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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. ) ) ) ) ) ) ) ) ) ) ) 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. ยง 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) 2

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