JERRY v. BEARD et al

Filing 93

MEMORANDUM ORDER - it is ORDERED that the defendants' motion for summary judgment, docket no. 83 , is granted and the complaint is dismissed without prejudice to plaintiff pursuing his claim for the destruction of his property (the work entitle d "Pinky Pigg") in the appropriate state court. See 42 Pa. C.S. Section 5103; 89 Report and Recommendation is adopted as the opinion of the Court. The Clerk shall mark this matter closed, and as more fully stated in said Memorandum Order. Signed by Judge Kim R. Gibson on 2/28/2012. (dlg)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
BERNARD JERRY,
Plaintiff
v.
JEFFREY BEARD, et al.,
Defendants

Case No.

3:08-cv-125-KRG-KAP

MEMORANDUM ORDER
This matter was referred to Magistrate Judge Keith A.
Pesto for proceedings in accordance with the Magistrates Act,

28

U.S.C.§ 636(b) (1), and subsections 3 and 4 of Local Rule 72.1 for
Magistrate Judges.
The Magistrate Judge filed a Report and Recommendation
on

December

30,

2011,

docket

no.

89,

recommending

that

the

plaintiff's motion for summary judgment at docket no. 80 be denied,
and defendants'

motion for summary judgment at docket no.

83 be

granted.
The parties were notified that pursuant to 28 U.S.C.§
636 (b) ( 1), they had fourteen days to file written objections to the
Report and Recommendation.
91,

docket

objections)

no.

92

(docketed

as

a

motion

to

file

and a motion to disqualify defendants'

are all meritless.
no.

Plaintiff filed objections, docket no.
supplemental
counsel,

The Clerk can terminate the motions at docket

90 and docket no.

92 as denied.

After de novo review of the record of this matter,
Report

and

that

Recommendation,

following order is entered:

and

the

objections

thereto,

the
the

AND NOW, this

28th day

of February, 2 012, it is

ORDERED that the defendants' motion for summary judgment,
docket no.

83, is granted and the complaint is dismissed without

prejudice to plaintiff pursuing his claim for the destruction of
his property (the work entitled "Pinky Pigg")
state court.

See 42 Pa.C.S.§ 5103.

in the appropriate

The Report and Recommendation

is adopted as the opinion of the Court.

The Clerk shall mark this

matter closed.

KIM R. GIBSON,
UNITED STATES DISTRICT JUDGE
Notice by ECF to counsel of record and by U.S. Mail to:
Bernard Jerry AP-3307
S.C. I. Cresson
P.O. Box A
Cresson, PA 16699-0001

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