JACOBS v. HARPER et al
Filing
44
MEMORANDUM OPINION. Signed by Judge Mark R. Hornak on 8/24/16. (bdb)
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
ORLANDO JACOBS,
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Plaintiff,
V.
ORLANDO HARPER, et al.,
Defendants.
Civil Action No. 2: 15-cv-1254
Judge Mark R. Hornak
MEMORANDUM OPINION
Mark R. Hornak, United States District Judge,
This case was commenced on September 24, 2015, 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
Plaintiffs compliance with the statutory requirements, his motion to proceed in forma pauper is
was granted on October 7, 2015. (ECF No. 5).
Three motions to dismiss are pending: (i) Motion to Dismiss filed by defendants Leslie
Travis and Keith Hastead (ECF No. 20); (ii) Motion to Dismiss filed by the County Defendants
(ECF No. 27); and Motion to Dismiss filed by Dr. Moussa (ECF No. 30). Plaintiff did not
respond to the motions, despite being granted an extension of time in which to do so. (ECF No.
37).
In the absence of any timely response by Plaintiff, the magistrate judge deemed the
motions to dismiss to be ripe for disposition and analyzed the Complaint on the merits. Ray v.
Reed, 240 F. App'x 455, 456 (3d Cir. 2007).
On July 29, 2016, Magistrate Judge Eddy filed a Report and Recommendation (ECF No.
(...
43) recommending that each of the motions to dismiss be granted. Plaintiff was served with the
Report and Recommendation at his listed address and was advised that objections were due
fourteen (14) days after service. Plaintiff has not filed any objections nor has he sought an
extension of time in which to do so.
After de novo review of the pleadings and documents in the case, together with the
Report and Recommendation, defendants' motions to dismiss will be granted.
An appropriate order will be entered.
Mark R. Hornak
United States District Judge
cc:
All counsel of record
Plaintiff (by U.S. Mail)
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