PELZER v. LT. KEVIN SHEA et al

Filing 14

MEMORANDUM ORDER granting 9 Motion to Dismiss for Failure to State a Claim and plaintiff's complaint is dismissed with prejudice; 11 Report and Recommendation is 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 12/20/2011. (dlg)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
CAINE PELZER,
Plaintiff,
v.
KEVIN SHEA and ROBERT REED,
Defendants

Case No. 3:11-cv-185-KRG-KAP

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 subsections 3 and 4 of Local Rule
72.1 for Magistrate Judges.
The Magistrate Judge filed a Report and Recommendation
on November 29, 2011, docket no. 11, recommending that defendants'
motion

to

dismiss,

docket

no.

9,

be

granted

and

plaintiff's

complaint dismissed.
The parties were notified that, pursuant to 28 U.S.C.§
636 (b) ( 1),

they

objections

to

had

the

fourteen

Report

and

days

to

serve

and

Recommendation.

file

written

Plaintiff

filed

objections in the form of a motion in opposition, docket no. 12,
and brief, docket no. 13.
After

de

DQYQ

review

of

the

record,

the

Recommendation, and the timely objections thereto,
order is entered:

Report

and

the following

AND NOW, this

+A

20

day of December, 2011, it is

ORDERED that defendants' motion to dismiss is granted and
plaintiff's complaint is dismissed with prejudice.

The Report and

Recommendation is adopted as the opinion of the Court.

The Clerk

shall mark this matter closed.

B~E~
KIM R. GIBSON,
UNITED STATES DISTRICT JUDGE
Notice to counsel of record by ECF and by U.S. Mail to:
Caine Pelzer EZ-2913
S.C.I. Houtzdale
P.O. Box 1000
Houtzdale, PA 16698-1000

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