PIAZZA v. COMMONWEALTH OF PENNSYLVANIA et al

Filing 19

MEMORANDUM ORDER - it is Ordered that Defendants' Motion to Dismiss, Docket No. 6 and Docket No. 10 are granted as to all Defendants and claims except for the Eighth Amendment claim against Defendant Cheryl Kramer. No further leave to amend the complaint is granted; 13 Report and Recommendation is adopted as the Opinion of the Court. The matter remains with the Magistrate Judge for pretrial proceedings, and as more fully stated in said Memorandum Order. Signed by Judge Kim R. Gibson on 10/16/2012. (dlg)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
PRESTON PIAZZA,
Plaintiff,

v.

Case No. 3:12-cv-194-KRG-KAP

COMMONWEALTH OF PENNSYLVANIA,
et al. ,
Defendants
MEMORANDUM ORDER
This matter is before 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 September 18, 2012, docket no. 13, recommending that defendants'
motions to dismiss,

docket no.

6,

docket no.

10,

be granted in

part, with leave to amend the complaint.
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.

Plaintiff filed timely objections,

docket no. 17, that are meritless, and an amended complaint, docket
no.

16,

that

if

liberally

construed

states

a

colorable

claim

against defendant Cheryl Kramer.
After

de

novo

review

of

the

record,

the

Report

and

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

AND NOW, this

~~hday

of October, 2012, it is

ORDERED that defendants' motion to dismiss, docket no.
6 and docket no.

10 are granted as to all defendants and claims

except for the Eighth Amendment claim against defendant Cheryl
Kramer.

No further leave to amend the complaint is granted.

The

Report and Recommendation is adopted as the Opinion of the Court.
The

matter

remains

with

the

Magistrate

Judge

for

pretrial

proceedings.
BY THE COURT:

~~

\

KIM R. GIBSON,
UNITED STATES DISTRICT JUDGE
Notice to counsel of record by ECF and by U.S. Mail to:
Preston Piazza GE-6901
S.C.I. Somerset
1600 Walters Mill Road
Somerset, PA 15510
Cheryl Kramer
143 Jacks Run Road
Woodland, PA 16881

2