PEARSON v. SECRETARY BEARD et al

Filing 51

MEMORANDUM ORDER granting 46 Motion to Dismiss. The Reports and Recommendations are adopted as the opinion of the Court. Plaintiff's complaint is dismissed without leave to amend. The Clerk shall mark this matter closed, and as more fully stated in said Memorandum Order. Signed by Judge Kim R. Gibson on 1/8/2013. (dlg)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
ANTONIO PEARSON,
Plaintiff

v.

:Case No. 3:09-cv-54-KRG-KAP

SECRETARY BEARD( et al.,
Defendants
MEMORANDUM ORDER
This matter was referred to Magistrate Judge Keith A.
Pesto for pretrial proceedings in accordance with the Magistrates
Act, 28 U.S.C.§ 636(b) (1), and Local Rule 72 for Magistrate Judges.
The Magistrate Judge filed a Report and Recommendation
on March 21, 2011, docket no. 17, screening the amended complaint
under 28 U.S.C.§ 1915A and recommending that some defendants be
dismissed

and

others

served

with

he

amended

complaint.

The

plaintiff was notified that, pursuant to 28 U.S.C.§ 636(b) (1), he
had fourteen days to file written objections to the Report and
Recommendation.

After one extension of time was granted and a

second one denied, plaintiff filed untimely objections.

Meanwhile,

the matter proceeded to service on the remaining defendants, who
filed a motion to dismiss,

docket no.

46.

The Magistrate Judge

filed a Report and Recommendation on December 10, 2012, docket no.
50, noting that plaintiff had not filed a reply to the motion to
dismiss and recommending that the remaining defendants' motion to
dismiss 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.

No objections have been filed and the

time to do so has expired.
After
Recommendations

review

of

the

and noting the

8

following order is en~ered :
AND NOW, thls

record
lack of

and

the

Reports

and

timely objections,

the

fh
day of January, 2013, it is

ORDERED that the moving defendants' motion to dismiss,
is granted.

The Reports and Recommendations are

docket no.

46,

adopted as

the opinion of the Court.

dismissed without leave to amend.

Plaintiff's

complaint is

The Clerk shall mark this matter

closed.

KIM R. GIBSON,
UNITED STATES DISTRICT JUDGE
Notice to counsel of record by ECF and by U.S. Mail to:
Antonio Pearson BL-0521
S.C.I. Coal Township
1 Kelley Drive
Coal Township, PA 17866-1021

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