WILLIAMS v. JIM

Filing 85

ORDER indicating that that Plaintiff's motion for partial summary judgment 51 is denied and Defendant's motion for summary judgment 59 is granted; that the Report and Recommendation 80 of Magistrate Judge Cynthia Reed Eddy is hereby adopted as the opinion of the district court. Signed by Judge Nora Barry Fischer on 3/22/17. (jg)

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

DAVE WILLIAMS,
Plaintiff,
vs.
DR. B. JIN,
Defendant,

2:15-CV-00855-NBF

MEMORANDUM ORDER
The present action was filed with this Court on July 1, 2015. The case was referred to
United States Magistrate Judge Cynthia Reed Eddy for pretrial proceedings in accordance with
Magistrate Judges Act, 28 U.S.C. § 636(b)(1) and Local Rules of Court 72.C and 72.D.
Plaintiff Dave Williams filed a motion for partial summary judgment [ECF No. 51] and
Defendant Byunghak Jin filed a motion for summary judgment [ECF No. 59]. The Magistrate
Judge’s Report and Recommendation filed on February 22, 2017 recommended that Plaintiff’s
motion for partial summary judgment [ECF No. 51] be denied and Defendant’s motion for
summary judgment [ECF No. 59] be granted. Service of the Report and Recommendation was
made on all parties. The parties were informed that in accordance with the Magistrate Judges
Act, 28 U.S.C. § 636(b)(1)(B) and (C), and Local Rule of Court 72.D.2 they had until March 13,
2017 to file objections. Plaintiff timely submitted objections to the Report and Recommendation
[ECF No. 84], however they are without merit.
After a de novo review of the pleadings and documents in this case, together with the
report and recommendation, the following order is entered:
IT IS HEREBY ORDERED that Plaintiff’s motion for partial summary judgment [ECF
1

No. 51] is DENIED and Defendant’s motion for summary judgment [ECF No. 59] is
GRANTED.
IT IS FURTHER ORDERED that the Report and Recommendation [ECF No. 80] of
Magistrate Judge Cynthia Reed Eddy is hereby adopted as the opinion of the district court.
By the Court,
s/Nora Barry Fischer
The Honorable Nora Barry Fischer
United States District Judge
Dated: March 22, 2017

cc:

The Honorable Cynthia Reed Eddy
United States District Court
Western District of Pennsylvania
DAVE WILLIAMS
FY 3994
SCI Graterford
P.O. Box 244
Graterford, PA 19426-0244
Counsel of record via CM-ECF

2