BARCLAY v. SOKOL et al

Filing 9

ORDER adopting Report and Recommendation (Doc. 8 ). Defendants' Motion to Dismiss, which was converted into a Motion for Summary Judgment (Doc. 2 ), is GRANTED for Plaintiff's failure to exhaust his administrative remedies. Signed by Judge Cathy Bissoon on 8/18/2015. (sje)

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

VIRGIL BARCLAY,
Plaintiff,
v.
KAREN SOKOL, et al.,
Defendants.

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Civil Action No. 15-253
Judge Cathy Bissoon
Magistrate Judge Lisa Pupo Lenihan

MEMORANDUM ORDER
This case was referred to United States Magistrate Judge Lisa Pupo Lenihan for pretrial
proceedings in accordance with the Magistrates Act, 28 U.S.C. §§ 636(b)(l)(A) and (B), and
Local Rule of Civil Procedure 72.
On July 28, 2015, the Magistrate Judge issued a Report and Recommendation (Doc. 8)
recommending that Defendants’ Motion to Dismiss (Doc. 2), which was converted into a
Motion for Summary Judgment as to the issue of exhaustion (Doc. 4), be granted for Plaintiff’s
failure to exhaust his administrative remedies as required by the Prison Litigation Reform Act.
Service of the Report and Recommendation was made on the parties, and no objections have
been filed. After a review of the pleadings and documents in the case, together with the Report
and Recommendation, the following Order is entered:
Defendants’ Motion to Dismiss, which was converted into a Motion for Summary
Judgment (Doc. 2) is GRANTED for Plaintiff’s failure to exhaust his administrative remedies.
The Report and Recommendation of Magistrate Judge Lenihan, dated July 28, 2015, is adopted
as the opinion of the District Court.
IT IS SO ORDERED.

August 18, 2015

s\Cathy Bissoon
Cathy Bissoon
United States District Judge

cc (via ECF email notification):
All Counsel of Record
cc (via First-Class U.S. Mail):
Virgil Barclay
BM-9109
175 Progress Drive
Waynesburg, PA 15370

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