PEARSON v. SECRETARY BEARD et al

Filing 61

MEMORANDUM ORDER denying 55 Motion to Reconsider or to Vacate the Judgment; 57 Report and Recommendation is adopted as the opinion of the Court, and as more fully stated in said Memorandum Order. Signed by Judge Kim R. Gibson on 2/28/2013. (dlg)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
ANTONIO PEARSON,
Plaintiff
v.
SECRETARY BEARD, et al.,
Defendants

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

MEMORANDUM ORDER
The motion

filed

at

docket

no.

55,

was

referred to

Magistrate Judge Keith A. Pesto in accordance with the Magistrates
Act,

28 U.S.C.§ 636(b),

and Local Civil Rule 72 for Magistrate

Judges.
The Magistrate Judge filed a Report and Recommendation
on

February 11,

2013,

docket

no.

57,

considering the untimely

objections at docket no. 56 to be incorporated into the motion and
recommending that the motion be denied.
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
Recommendation,

review

of

and noting

following order is entered:

the
the

record
lack of

and

the

Report

and

timely objections,

the

AND NOW, this

?8 -+h
day

of February, 2013, it is

ORDERED that the motion to reconsider or to vacate the
judgment, docket no. 55, is denied.

The Report and Recommendation

is adopted as the opinion of the Court.
BY THE COURT:

~~

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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