WOLOWSKI v. FLETCHER et al

Filing 32

ORDER adopting Report and Recommendations re 29 as the Opinion of the Court; denying 22 Motion to Dismiss. It is further ORDERED that Defendants shall file an Answer in accordance with Federal Rule of Civil Procedure 12(a)(4)(A). This matter is referred back to Magistrate Judge Eddy for all further pretrial proceedings. Signed by Judge Arthur J. Schwab on 6/23/17. (lck)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
BRANDON WOLOWSKI,
Plaintiff,
v.
ADRIAN FLETCHER, KEITH WATSON,
DAVID THORNE, FRANCISCO SECTI,
and ADAM SMITH,
Defendants.

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16-cv-1538
ELECTRONICALLY FILED

MEMORANDUM ORDER ADOPTING MAGISTRATE JUDGE’S
REPORT AND RECOMMENDATION (DOC. NO. 29)
This prisoner civil rights suit was commenced on October 7, 2016, with the submission of
a complaint 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. § 636(b)(1), and Rules
72.1.3 and 72.1.4 of the Local Rules for Magistrate Judges.
Defendants filed a “Motion to Dismiss in the form of a Motion for Summary Judgment
Pursuant to F.R.C.P. 56(c)” (Doc. No. 22). Plaintiff filed a brief in opposition (Doc. No. 27), to
which Defendants filed a Reply Brief. (Doc. No. 28).

Upon completion of briefing, the

magistrate judge filed a report and recommendation (“R&R”) on June 2, 2017, recommending
that the motion be denied. Defendants written objections to the R&R were due by June 19,
2017; Plaintiff’s objections were due by June 22, 2017.

To date, no party has filed any

objections nor has any party sought an extension of time in which to do so.
After de novo review of the pleadings and documents in this case, together with the
Report and Recommendation, the Court finds that the report and recommendation should be
adopted as the opinion the Court. Accordingly, the following order is entered:

AND NOW, this 23rd day of June, 2017:
1.

Defendants’ motion to dismiss (Doc. No. 22) is DENIED.

2.

It is further ORDERED that the Report and Recommendation (Doc. No. 29) is

ADOPTED as the Opinion of the Court.
3.

It is further ORDERED that Defendants shall file an Answer in accordance with

Federal Rule of Civil Procedure 12(a)(4)(A).
This matter is referred back to Magistrate Judge Eddy for all further pretrial proceedings.
SO ORDERED this 23rd day of June, 2017.

s/Arthur J. Schwab
Arthur J. Schwab
United States District Judge

cc:

BRANDON WOLOWSKI
Washington County Correctional Facility
100 West Cherry Avenue
Washington, PA 15301
(via U.S. First Class Mail)
Paul D. Krepps
April L. Cressler
Marshall, Dennehey, Warner, Coleman & Goggin
(via ECF electronic notification)

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