GARCIA v. WETZEL et al

Filing 27

MEMORANDUM ORDER - it is Ordered that defendant's motion to dismiss, docket no. 18 , is granted. Plaintiff's complaint is dismissed without leave to amend. The Reports and Recommendations are adopted as the opinions 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 2/20/2013. (dlg)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
NOEL GARCIA,
Plaintiff

v.

:Case No. 3:12-cv-68-KRG-KAP

JOHN E. WETZEL, SECRETARY OF
THE DEPARTMENT OF CORRECTIONS,
et al.,
Defendants
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)-(3),

and Local Rule 72 for Magistrate

Judges.
The Magistrate Judge filed a Report and Recommendation
on April 12, 2012, docket no. 2, recommending that the complaint
be dismissed as
January

11,

to all

2013,

defendants

the

Magistrate

except defendant Wetzel.
Judge

filed

a

Report

On
and

Recommendation, docket no. 24, recommending that defendant Wetzel's
motion to dismiss, docket no. 18, be granted.
The parties were notified that, pursuant to 28 U.S.C.§
636 (b) (1), they had fourteen days to file written objections to the
Report and Recommendation.

No objections were filed to the former

Report and Recommendation.

Plaintiff filed timely objections to

the latter Report and Recommendation, docket no. 25, but they are
meritless.
After de

I1.QYQ

review of the

record,

the Reports and

Recommendations, and the objections thereto, the following order
is entered:

AND NOW, this

th

;(()

day of February, 2013, it is

ORDERED that defendant's motion to dismiss, docket no.
18, is granted.
to amend.

Plaintiff's complaint is dismissed without leave

The Reports and Recommendations are adopted as the

opinions of the Court.

The Clerk shall mark this matter closed.
BY THE COURT:

KIM R. GIBSON,
UNITED STATES DISTRICT JUDGE
Notice to counsel of record by ECF and by U.S. Mail to:
Noel Garcia HQ-9129
S.C.I. Albion
10745 Route 18
Albion, PA 16475-0001

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