CHERRY v. SPECIAL EDUCATION

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)

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