BALMER v. HECK et al

Filing 63

MEMORANDUM ORDER granting 42 Motion for Summary Judgment; 62 Report and Recommendation is adopted as the opinion of the Court. The matter remains with the Magistrate Judge for further proceedings, and as more fully stated in said Memorandum Order. Signed by Judge Kim R. Gibson on 9/10/2015. (dlg)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
CHRISTOPHER BALMER,
Plaintiff,
v.
CORRECTIONS OFFICERS MICHAEL HECK
and JUSTIN ECKENRODE,
Defendants

Case No. 3:13-cv-134-KRG-KAP

MEMORANDUM ORDER
This matter is before Magistrate Judge Keith A. Pesto for
pretrial proceedings ln accordance with the Magistrates Act,

28

U.S.C.§ 636 and Local Rule 72 for Magistrate Judges.
The Magistrate Judge filed a Report and Recommendation
on August

3,

2015,

docket

no.

62,

recommending

that

defendant

Eckenrode's motion for summary judgment, docket no. 42, 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 one has filed objections and the

time to do so has expired.
After
Recommendation,

review

of

the

and noting the

following order is entered:

record

and

the

Report

lack of objections thereto,

and
the

AND NOW, this

:thday

\0

of September, 2015, it is

ORDERED that defendant Eckenrode's motion for summary
judgement,

docket

no.

42,

is

granted.

The

Report

Recommendation is adopted as the opinion of the Court.

and

The matter

remains with the Magistrate Judge for further proceedings.
BY THE COURT:

~~

KIM R. GIBSON,
UNITED STATES DISTRICT JUDGE
Notice by ECF to counsel of record and by U.S. Mail to:
Christopher Balmer GX-5754
S.C.I. Forest
P.O. Box 945
Marienville, PA 16239

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