GILLIN v. SECRETARY MS. SMEAL et al

Filing 22

MEMORANDUM ORDER - it is Ordered that the Motion to Vacate, Docket No. 15 , is denied for the reasons stated in the Report and Recommendation. The second Motion to Vacate, Docket No. 21 , is denied because it fails to state any reason contemplated by Fed.R.Civ.P. 60(b) for vacating the dismissal of the complaint, and as more fully stated in said Memorandum Order. Signed by Judge Kim R. Gibson on 10/27/2011. (dlg)

IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF PENNSYLVANIA

JAMES GILLIN,

Plaintiff,

v.

Case No. 3:11-cv-43-KRG-KAP

DEPARTMENT OF CORRECTIONS
SECRETARY SHIRLEY SMEAL,
SUPERINTENDENT BURNS, S.C.I.
LAUREL HIGHLANDS, ANNETTE
KOWALESKI, JAWAD SALAMEH, M.D.,
ROBINSON, M.D., DISCONI, M.D.,
SWANHART, P.A., and LACHENE,
R. N. ,

Defendants
MEMORANDUM ORDER
Plaintiff's motion to vacate, docket no. 15, was referred
to Magistrate Judge Keith A.

Pesto in accordance with 28 U.S.C.§

636{c) and Local Rule 72.1 for Magistrate Judges.
The Magistrate Judge filed a Report and Recommendation
on May 20,
denied.
636(b)(1),

2011,
The

docket no.

plaintiff

was

20,

recommending that the motion be

noti

ed,

pursuant

to

28

U.S.C.§

that he had fourteen days to serve and file written

objections to the Report and Recommendation.

The plaintiff

led

another motion to vacate on June 7, 2011, docket no. 21, that can
be considered as objections or as a new motion to vacate.
Upon de novo review of the record of this matter and the
Report and Recommendation, the following order is entered:
AND NOW, this

'l.7-f~ay

of October 2011, it is

ORDERED that the motion to vacate,

docket no.

15,

is

denied for the reasons stated in the Report and Recommendation.
The second motion to vacate, docket no. 21, is denied because it

Is to state any reason contemplated by Fed.R.Civ.P. 60(b)
vacating the dismissal of the complaint.
BY THE COURT:

~'R

KIM R. GIBSON,
UNITED STATES DISTRICT JUDGE
Notice by U.S. Mail to:
James Gill
EM-7209
S.C.I. Laurel Highlands
P.O. Box 631
5706 Glades Pike
Somerset, PA 15501 0631

2

for