HARVEY v. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF CORRECTIONS et al

Filing 56

ORDER granting 47 Motion to Dismiss and further adopting 53 Report and Recommendation as the opinion of the Court. The Clerk shall mark this case CLOSED. Signed by Judge David S. Cercone on 7/9/18. (njt)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
NORMAN F. HARVEY,

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Plaintiff,

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V.

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Civil Action No. 17-49
Judge David Stewart Cercone
Chief Magistrate Judge Maureen P. Kelly

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COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF CORRECTIONS,
WILLIAM SHOUPPE, MARK CAPOZZA,
TAMMY FERGUSON, MR. STESSNEY,
JAMES KELLY, and AMY WOOD,
Defendants.

ORDER OF COURT
After Plaintiff Norman F. Harvey filed an amended complaint in the above-captioned
matter, Defendant William Shouppe filed a Motion to Dismiss. ECF No. 47. On June 11, 2018,
Chief United States Magistrate Judge Maureen P. Kelly filed a Report and Recommendation for
the granting of the Motion to Dismiss. ECF No. 53. The parties were given until June 28, 2018,
to file written objections thereto. No Objections having been filed, and upon independent review
of the record and consideration of the Magistrate Judge's Report and Recommendation, which is
ADOPTED as the opinion of this Court,
IT IS HEREBY ORDERED this

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_J__aay of July, 2018, that the Motion to Dismiss, ECF

No. 47, is GRANTED. The Clerk of Court shall mark this CASE CLOSED.
IT IS FURTHER ORDERED that, pursuant to Rule 4(a)(l) of the Federal Rules of
Appellate Procedure, if any party wishes to appeal from this Order a notice of appeal, as
provided in Fed. R. App. P. 3, must be filed with the Clerk of Court, United States District Court,
at 700 Grant Street, Room 3110, Pittsburgh, PA 15219, within thirty (30) days.

David Stewart Cercone
Senior United States District Judge

cc:

Honorable Maureen P. Kelly
Chief United States Magistrate Judge
Norman F. Harvey
A693054
Trumbull Correctional Institution
P. 0. Box 901
5701 Burnett Road
Leavittsburg, OH 44430
( Via First Class Mail)
Marie Milie Jones, Esquire
Michael R. Lettrich, Esquire
( Via CMIECF Electronic Mail)

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