SPUCK v. PENNSYLVANIA BOARD OF PROBATION AND PAROLE et al
Filing
46
MEMORANDUM ORDER granting 34 Motion to Dismiss; denying 42 Motion to Supplement Newly Discovered Evidence; 43 Report and Recommendation of Magistrate Judge Baxter, dated 6/4/2012, is adopted as the opinion of the Court. The Clerk of Court is directed to close this case, 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
DANIEL L. SPUCK,
Plaintiff,
V.
PA BOARD OF PROBATION AND
PAROLE, et al,
Defendants.
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C.A. No. 10-159 Johnstown
MEMORANDUM ORDER
Plaintiffs complaint was received by the Clerk of Court on June 17, 2010, and
was referred to United States Magistrate Judge Susan Paradise Baxter
for report and
recommendation in accordance with the Magistrates Act, 28 U.S.C. ยง 636(b)(1), and Rules
72.1.3 and 72.1.4 of the Local Rules for Magistrates.
The magistrate judge's report and recommendation, filed on June 4, 2012,
recommended that the motion to dismiss (Dkt. #34) be granted, the motion to supplement newly
discovered evidence (Dkt. 42) be denied, and that this case be dismissed.
allowed ten (1 0) days from the date of service to file objections.
The parties were
Service was made on Plaintiff
by mail at SRCF Mercer, where he is incarcerated, and on Defendant.
Objections were filed by
Plaintiff on June 20, 2012; a response to the Objections was filed on June 21, 2012.
After de
novo review of the pleadings and documents in the case, together with the report and
recommendation and objections thereto, ~e following order is entered:
AND NOW, this \
qf Day of July, 2012;
IT IS HEREBY ORDERED that the motion to dismiss (Dkt. #34) 1s
GRANTED, and the motion to supplement newly discovered evidence (Dkt. 42) is DENIED.
The Clerk of Court is directed to close this case.
The report and recommendation of Magistrate Judge Baxter, dated June 4, 2012,
is adopted as the opinion of the court.
~c~
KIM R. GIBSON
United States District Judge
cc:
Susan Paradise Baxter
U.S. Magistrate Judge
all parties of record _ _
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