ROSARIO v. WESTMORELAND COUNTY, PA et al
Filing
16
ORDER indicating that the Court accepts and adopts Judge Kelly's Report and Recommendation 15 in its entirety as the opinion of the Court. All of Plaintiff's claims against Defendant Westmoreland County Prison are stricken, pursuant to Fed. R. Civ. P. 12(f), from Plaintiff's Amended Complaint (ECF No. 14 ). Signed by Judge Robert J. Colville on 9/8/21. (jg)
Case 2:21-cv-00208-RJC-MPK Document 16 Filed 09/08/21 Page 1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
KEITH ROSARIO,
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Plaintiff,
vs.
WESTMORELAND COUNTY, PA;
WESTMORELAND COUNTY
COMMISSIONER; WESTMORELAND
COUNTY PRISON; WARDEN WALTON;
DEPUTY WARDEN LOWTHER; DEPUTY
WARDEN SCHWARZ; LIEUTENANT
TOMASELLO; LIEUTENANT WOLFF;
SERGEANT GILLETTE; SERGEANT
BRADLEY; and JOHN DOE 1-6,
Defendants.
2:21-cv-208
District Judge Robert J. Colville
Magistrate Judge Maureen P. Kelly
Re: ECF No. 14
ORDER OF COURT
Before the Court is the Honorable Maureen P. Kelly’s August 11, 2021 Report and
Recommendation (ECF No. 15), which recommends that all of Plaintiff’s claims against
Defendant Westmoreland County Prison be stricken sua sponte pursuant to Fed. R. Civ. P. 12(f)
from Plaintiff’s Amended Complaint (ECF No. 14). Objections to Judge Kelly’s Report and
Recommendation were due by August 30, 2021. No objections were filed, and the matter is now
ripe for disposition.
With respect to dispositive matters, the reviewing district court must make a de novo
determination of those portions of the magistrate judge’s report and recommendation to which
objections are made. 28 U.S.C. § 636(b)(1)(B)-(C); Fed. R. Civ. P. 72(b)(3). “The district judge
may accept, reject, or modify the recommended disposition; receive further evidence; or return the
matter to the magistrate judge with instructions.” Fed. R. Civ. P. 72(b)(3). The United States
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Case 2:21-cv-00208-RJC-MPK Document 16 Filed 09/08/21 Page 2 of 2
Court of Appeals for the Third Circuit has explained that, “even absent objections to the report and
recommendation, a district court should ‘afford some level of review to dispositive legal issues
raised by the report,’” and has “described this level of review as ‘reasoned consideration.’” Equal
Employment Opportunity Comm’n v. City of Long Branch, 866 F.3d 93, 100 (3d Cir. 2017)
(quoting Henderson v. Carlson, 812 F.2d 874, 878 (3d Cir. 1987)).
Upon consideration of Judge Kelly’s August 11, 2021 Report and Recommendation and
upon review of the record in this matter, it is hereby ORDERED as follows:
The Court accepts and adopts Judge Kelly’s Report and Recommendation in its entirety as
the opinion of the Court. All of Plaintiff’s claims against Defendant Westmoreland County Prison
are stricken, pursuant to Fed. R. Civ. P. 12(f), from Plaintiff’s Amended Complaint (ECF No. 14).
BY THE COURT:
s/Robert J. Colville____
Robert J. Colville
United States District Judge
DATED: September 8, 2021
cc:
Honorable Judge Maureen P. Kelly
United States Magistrate Judge
Keith Rosario
MB-4878
SCI Albion
10745 Route 18
Albion, PA 16475
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