WHITEHEAD v. ROZUM et al

Filing 30

MEMORANDUM ORDER granting 12 Motion to Dismiss; adopting 26 Report and Recommendation as the Opinion of the Court. It is further Ordered that the Clerk of Court mark this case Closed. And it is further Ordered that pursuant to Rule 4(a)(1) of t he Federal Rules of Appellate Procedure, Plaintiff has 30 days to file a notice of appeal as provided by Rule 3 of the Federal Rules of Appellate Procedure, and as more fully stated in said Memorandum Order. Signed by Judge Kim R. Gibson on 9/24/2012. (dlg)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
)
)
)

CARL WHITEHEAD,
Plaintiff,

) Civil Action No. 3:11-102
) District Judge Kim R. Gibson

v.

)
)
)
)
)

GERALD ROZUM; ET AL.,
Defendants.

MEMORANDUM ORDER

The above captioned case was initiated by the filing of a motion to proceed in forma

pauperis (ECF No. 1) on April11, 2011, and was referred to a United States magistrate judge for
pretrial proceedings in accordance with the Magistrate Judges Act, 28 U.S.C. § 636(b)(l), and
the local rules of court.
On August 7, 2012, the Magistrate Judge filed a Report and Recommendation (ECF No.
26) recommending that Defendants' Motion to Dismiss (ECF No. 12) be granted. Plaintiff filed
Objections to the Report and Recommendation on September 20, 2012 (ECF No. 29). Plaintiffs
Objections do not undermine the recommendation of the Magistrate Judge.
After de novo review of the pleadings and documents in the case, together with the
Report and Recommendation, and the Objections thereto, the following order is entered.
AND NOW, this

u+h
'?l day of September, 2012;

IT IS HEREBY ORDERED that Defendants' Motion to Dismiss (ECF No. 12) is
GRANTED and it would be futile to allow Plaintiff the opportunity to amend.
IT IS FURTHER ORDERED that the Report and Recommendation (ECF. No. 26)

dated August 7, 2012, is ADOPTED as the Opinion of the Court.
IT IS FURTHER ORDERED that the Clerk of Court mark this case CLOSED.

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AND IT IS FURTHER ORDERED that pursuant to Rule 4(a)(l) of the Federal Rules
of Appellate Procedure, Plaintiff has thirty (30) days to file a notice of appeal as provided by
Rule 3 ofthe Federal Rules of Appellate Procedure.

'

By~~.~
Kim R. Gibson
United States District Judge
Carl Whitehead
EK 5805
SCI Somerset
1600 Walters Mill Road
Somerset, PA 15510

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