MAYO v. OPPMAN et al

Filing 20

MEMORANDUM ORDER. For the reasons stated in the Memorandum Order filed herewith, Defendant Cowden's motion to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6) (Doc. 5 ) is GRANTED. The Magistrate Judge's Report and Recommendation dated June 22, 2017 (Doc. 16 ), hereby is adopted as the Opinion of the District Court. Signed by Judge Cathy Bissoon on 7/27/2017. (kg)

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA WILLIAM MAYO, Plaintiff, v. MICHAEL OPPMAN, et.al., Defendants. ) ) ) ) ) ) ) ) ) Civil Action No. 17-311 Judge Cathy Bissoon Magistrate Judge Lisa Pupo Lenihan MEMORANDUM ORDER This case was referred to United States Magistrate Judge Lisa Pupo Lenihan for pretrial proceedings in accordance with the Magistrates Act, 28 U.S.C. §§ 636(b)(l)(A) and (B), and Local Rule of Civil Procedure 72. On June 22, 2017, the Magistrate Judge issued a Report (Doc. 16) recommending that Defendant Cowden’s motion to dismiss pursuant to Federal Rule of Civil Procedure 12(b) (Doc. 5) be granted, and that Defendant Cowden be dismissed from this action. Service of the Report and Recommendation was made on the parties. On July 12, 2017, Plaintiff filed objections to the Report and Recommendation. (Doc. 17). On July 26, 2017, Defendant Cowden filed a Response to Plaintiff’s objections. (Doc. 19). After a de novo review of the pleadings and documents in the case, together with the Report and Recommendation and the Objections thereto, the following Order is entered: Defendant Cowden’s motion to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6) is GRANTED. The Magistrate Judge’s Report and Recommendation dated June 22, 2017, hereby is adopted as the Opinion of the District Court. IT IS SO ORDERED. July 27, 2017 s/Cathy Bissoon Cathy Bissoon United States District Judge cc (via ECF email notification): All counsel of record cc (via First-Class U.S. Mail): WILLIAM MAYO FZ-2947 SCI Fayette P.O. Box 9999 LaBelle, PA 15450 2

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