COULSTON v. GLUNT et al

Filing 113

MEMORANDUM ORDER granting 85 Motion for Summary Judgment; 108 Report and Recommendation of Magistrate Judge Lenihan, dated 2/13/2015, is adopted as the Opinion of the Court, and as more fully stated in said Memorandum Order. Signed by Judge Kim R. Gibson on 3/18/2015. (dlg)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
TROY COULSTON,
Plaintiff,

v.
STEVEN GLUNT, KENNETH
HOLLIBAUGH, JEFFREY BEARD,
SEAN DOMANICK, ROBERT
ROSENBAUM, DAVID CLOSE,
DAVID KESSLING, SERGEANT
JOHN SAWTELLE, ROBERT REED,
ROBERT MACINTYRE, TRACY
WILLIAMS, DORINA VARNER,
JOHN DOE,
Defendants.

)
)
)
)
)
)
)
)
)

Civil Action No. 12- 154J
District Judge Kim R. Gibson
Magistrate Judge Lisa Pupo Lenihan

ECF Nos. 85, 108

)
)
)
)
)
)
)
)

MEMORANDUM ORDER

Plaintiff commenced the above-captioned case at Civil Action No. 3:12-cv-154 by filing
a Motion for Leave to Proceed in Forma Pauperis on August 7, 2012. (ECF No. 1.) Plaintiffs
Motion was granted on August 13, 2012 and the Clerk was directed to file the Complaint. The
case was referred to Magistrate Judge Lenihan for pretrial proceedings in accordance with the
Magistrate Judges Act, 28 U.S.C. § 636(b)(1), and Rules 72.C and 72.D ofthe Local Rules of
Court.
The Magistrate Judge's Report and Recommendation (ECF No. 108) filed on February
13, 2015, recommended that the Motion for Summary Judgment filed by Defendants Sean
Domanick, Kenneth Hollibaugh, and Robert Rosenbaum (ECF No.85) be granted. Service was
made on the pro se Plaintiff at his address of record, and on counsel of record by via electronic

mail. The parties were informed that in accordance with the Magistrate Judges Act, 28 U.S.C. §
636(b)(1)(B) and (C), and Local Rule of Court 72.D.2, the parties had fourteen (14) days from
the date of service to file objections to the Report and Recommendation. Plaintiff was granted
an extension until March 24, 2015 to file his objections. On March 17,2015, Plaintiff filed
Objections (ECF No. 112).
After review of the pleadings, documents in the case, and the Objections, together with
the Report and Recommendation, the following Order is entered:

AND NOW,

~h

this~ day ofMarch 2015, it is hereby ORDERED that the Motion for

Summary Judgment (ECF No. 85) is GRANTED.
IT IS FURTHER ORDERED that the Report and Recommendation (ECF No. 108) of

Magistrate Judge Lenihan, dated February 13,2015, is adopted as the Opinion ofthe Court.

BY THE COURT

KIM R. GIBSON
United States District Judge
cc:

Troy Coulston
BK-3534
SCI Houtzdale
P.O. Box 1000
Houtzdale, PA 16698

All counsel of record
Via Electronic Mail
2