Filing 34

MEMORANDUM ORDER granting defendant's 27 Motion for Summary Judgment (which is being treated as a Motion to Dismiss) and adopting 33 Report and Recommendation of Magistrate Judge Eddy as the opinion of the Court. Plaintiff's Amended Complaint is dismissed without prejudice. The Clerk shall mark this case CLOSED. Signed by Judge David S. Cercone on 10/6/16. (njt)

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA KIM CHERRY, ) ) ) ) ) ) ) ) ) Plaintiff, V. SPECIAL EDUCATION, Defendant. 2: 15cv1457 Electronic Mail Judge David Stewart Cercone Magistrate Judge Cynthia Reed Eddy MEMORANDUM ORDER The present action was initiated in this Court on November 6, 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)(l) and Local Rules of Court 72.C and 72.D. On September 7, 2016, Magistrate Judge Eddy issued a Report and Recommendation ("R&R"), [ECF No. 33], recommending that that Defendant's Motion for Summary Judgment, which was construed as a Motion to Dismiss on Mootness Grounds under Rule 12(b )( 1) of the Federal Rules of Civil Procedure (hereafter "Motion"), [ECF No. 27], be granted and that the Amended Complaint [ECF No. 8] be dismissed without prejudice. The parties were informed that in accordance with the Magistrate Judges Act, 28 U.S.C. § 636(b)(l)(B) and (C), and Local Civil Rules of Court, they had until September 26, 2016 to file any objections. To date, no objections have been filed. Accordingly, after a de nova review of the pleadings and documents in this case, together with the R&R, the following Order is entered: I 'C AND NOW, this _w_ day of October, 2016, IT IS HEREBY ORDERED that Defendant's Motion (ECF No. 27) is GRANTED. IT IS FURTHER ORDERED that the Amended Complaint (ECF No. 8) is DISMISSED without prejudice. IT IS FURTHER ORDERED that the R&R [ECF No. 33] is ADOPTED as the Opinion of the District Court. IT IS FURTHER ORDERED that the Clerk of Court mark this CASE CLOSED. David Stewart Cercone United States District Judge cc: Honorable Cynthia Reed Eddy United States Magistrate Judge Kim Cherry 2209 Arlington A venue Pittsburgh, PA 15120 (Via First Class Mail) Rebecca Hall, Esquire (Via CMIECF Electronic Mail) 2

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