ROSA-DIAZ v. SGT. DOW et al

Filing 120

MEMORANDUM ORDER denying 106 Motion for Summary Judgment; 118 Report and Recommendation dated 1/19/2016 is adopted as the Opinion of the Court. It is further Ordered that this case is referred back to the undersigned. Motions are no longer referred to the magistrate judge, and as more fully stated in said Memorandum Order. Signed by Judge Kim R. Gibson on 2/17/2016. (dlg)

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

GABRIEL ROSA-DIAZ,

)
)
)
)
)
)
)
)
)

Plaintiff,
V.

SGT. DOW,
Defendant.

Civil Action No.3: 14-cv-0005
United States District Judge
Kim R. Gibson

MEMORANDUM ORDER

This case was commenced on January 9, 2014, and was referred to United States
Magistrate Judge Cynthia Reed Eddy for pretrial proceedings in accordance with the Magistrate
Judges Act, 28 U.S.C. § 636(b)(1), and the Local Rules of Court for Magistrate Judges.
Defendant Dow filed a motion for summary judgment (ECF No. 106), to which Plaintiff
responded in opposition (ECF Nos. 115 and 116).

On January 19, 2016,

Magistrate Judge

Eddy filed a Report and Recommendation (ECF No. 118) recommending that Defendant's
motion for summary judgment be denied as Plaintiff had submitted evidence sufficient to create
genuine issues of material fact that preclude the entry of summary judgment. The parties were
advised that they had until February 5, 2016, to· file written objections to the Report and
Recommendation. To date, no objections have been filed.
After de novo review of the pleadings and documents in the case, together with the
Report and Recommendation, the following ordfh entered:
AND NOW, this
1.

)7

day ofFebruary, 2016:

Defendant's motion for summary judgment (ECF No. 106) is DENIED; and

2.

IT IS FURTHER ORDERED that the Report and Recommendation (ECF No.

118) dated January 19,2016, is ADOPTED as the Opinion ofthe Court.

It is further ORDERED that this case is referred back to the undersigned. Motions are
no longer referred to the magistrate judge.

Kim R. Gibson
United States District Judge

cc:

GABRIEL ROSA-DIAZ
FH-7313
SCI Forest
PO Box 945
Marienville, PA 16239
(via U.S. First Class Mail)
Mary Lynch Friedline
Office of Attorney General
(via CM/ECF electronic notification)
Scott A. Bradley
Office of the Attorney General
(via CM/ECF electronic notification)

2