DRINKS v. JOHNSON et al

Filing 47

MEMORANDUM ORDER granting 33 Motion for Summary Judgment; denying 39 Motion for Summary Judgment. The balance of plaintiff's complaint is dismissed for failure to state a claim, without further leave to amend, and without prejudice to liti gating his loss of property claims in state court. The Report and Recommendations are 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 7/19/2012. (dlg)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
DONNELL DRINKS,
Plaintiff

v.

Case No. 3:10-cv-1-KRG-KAP

BARRY JOHNSON, 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
opportunities

to

amend

Judge,
the

Recommendation on January 10,

after

giving plaintiff several

complaint,
2011,

filed

docket no.

a
14,

Report

and

recommending

that plaintiff's complaint be dismissed for failure to state a
claim.

Upon receipt of plaintiff's objections,

the Magistrate

Judge ordered service of a portion of the complaint on some of the
defendants.

Once served,

those defendants moved to dismiss the

complaint, docket no. 33, a motion which was converted to a motion
for summary judgment, docket no. 37; plaintiff filed his own motion
for summary judgment, docket no. 39.
The Magistrate Judge filed a Report and Recommendation
on June 27, 2012, docket no. 45, recommending that summary judgment
be entered for the moving defendants.
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.

Plaintiff filed timely objections to

the earlier Report and Recommendation but did not file objections

to the latest Report and Recommendation, and the time to do so has
expired.
After de novo
Recommendations,

the

review of the

timely

record,

objections

Recommendation of January 10,

2011,

to

the Reports
the

Report

and
and

and noting the absence of

objection to the Report and Recommendation of June 27, 2012, the
following order is entered:
AND NOW, this

19

th
day of July, 2012, it is

ORDERED that defendants'

motion for summary judgment,

docket no. 33, is granted; the plaintiff's motion, docket no. 39,
is denied.

The balance of plaintiff's complaint is dismissed for

failure to state a claim,

without

further

leave to amend,

and

without prejudice to litigating his loss of property claims in
state court.

The Report and Recommendations are adopted as the

opinion of the Court.

The Clerk shall mark this matter closed.

GIBSON,
STATES DISTRICT JUDGE
Notice to counsel of record by ECF and by U.S. Mail to:
Donnell Drinks CC-7423
S.C.I. Houtzdale
P.O. Box 1000
Houtzdale, PA 16698-1000

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