CLARK v. CAMBRIA COUNTY PRISON et al

Filing 49

MEMORANDUM ORDER - it is hereby Ordered that the Motion to Dismiss filed by the Medical Defendants (ECF No. 30 ) is GRANTED. It is further Ordered that the Motion to Dismiss filed by the County Defendants (ECF No. 33 ) is GRANTED. It is further O rdered that the Report and Recommendation (ECF No. 46 ) dated 11/15/2012 is ADOPTED 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 the Fe deral 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 12/20/2012. (dlg)

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

. BRIAN CLARK,
Plaintiff,
v.

CAMBRIA COUNTY PRISON; ET AL.,
Defendants.

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Civil Action No. 12-13
District Judge Kim R. Gibson

MEMORANDUM ORDER

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

pauperis (ECF No. 1) on January 25, 2012, 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. ·
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On November 15, 2012, the magistrate judge filed a Report and Recommendation (ECF
No. 46) recommending that the Motion to Dismiss filed by the Medical D~fendants (ECF No. 30)
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be granted and that the Motion to. Dismiss filed by the County Defendants (ECF No. 33) be
granted. Plaintiff was served with the. Report and Recommendation· at his listed address and
was advised that he had until December 3, 2012 to file written objections to the Report and
Recommendation. No objections h:;tve been filed.
After de novo review of the pleadings and documents in this case, together with the.
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Report and Recommendation, the following order is entered:

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AND NOW, this

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Ztl_ day of December, 2012:

IT IS HEREBY ORDERED that the Motion to Dismiss filed by the Medical Defendants

(ECF No. 30) is GRANTED.

IT IS FURTHER ORDERED that the Motion to Dismiss filed by the County
Defendants (ECF No. 33) is GRANTED.

IT IS FURTHER ORDERED that the Report and Recommendation (ECF. No. 46)
dated November 15,2012, is ADOPTED as the Opinion ofthe 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)(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.

Kim R. Gibson
United States District Judge
Brian Clark
DX-5966
SCI Cresson
P.O. Box A
Cresson, PA 16699-0001

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