GLASS v. ROZUM et al

Filing 41

MEMORANDUM ORDER - it is Ordered that the Defendants' Motions to Dismiss at docket no. 19 and docket no. 31 are granted, and the complaint is dismissed as to defendants Mahmud, Thomas, Ellers, and Puskar. The Report and Recommendation at do cket no. 36 is adopted as the opinion of the Court. The complaint is dismissed as to defendants Rozum, Kaufman, and Swanhart as well. The Clerk shall mark this matter closed, and as more fully stated in said Memorandum Order. Signed by Judge Kim R. Gibson on 12/9/2014. (dlg)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
KAREEM GLASS,
Plaintiff
v.
GERALD ROZUM, WARDEN, S.C.I.
SOMERSET, et al.,
Defendants

Case No. 3:14-cv-61-KRG-KAP

MEMORANDUM ORDER
This matter was referred to Magistrate Judge Keith A.
Pesto in 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

October

29,

2014,

docket

no.

36,

recommending

that

the

defendants' motions to dismiss at docket no. 19 and docket no. 31
be granted and the complaint dismissed.
The parties were notified that pursuant to 28 U.S.C.§
636(b) (1),

they

objections

to

had

the

fourteen

Report

days

to

serve

and

and Recommendation.

file

written

Plaintiff

filed

timely objections at docket no. 39.
The

Magistrate

Judge

at

docket

no.

4

previously

recommended the dismissal of the complaint as to defendant Rozum
and at docket no. 36 at 1 pointed out that defendant Kaufman had
not

been

defendant

served.
Swanhart,

Pennsylvania

The
who

Department

complaint
also
of

is

was
no

Corrections.

likewise
longer
See

not

served

employed
docket

by

no.

on
the

10.

Plaintiff did not amend his complaint as to defendant Rozum or

provide adequate directions for service on defendants Kaufman and
Swanhart.
After de novo review of the record of this matter, the
Report

and

Recommendation,

and

plaintiff's

timely

objections

thereto, the following order is entered:

.

AND NOW, thls

o+h day

~

of December, 2014, it is

ORDERED that the defendants' motions to dismiss at docket
no.

19

and

docket

no.

31

are

granted,

and

the

complaint

is

dismissed as to defendants Mahmud, Thomas, Ellers, and Puskar.

The

Report

the

and

Recommendation

opinion of the Court.

at

docket

no.

36

is

adopted as

The complaint is dismissed as to defendants

Rozum, Kaufman, and Swanhart as well.

The Clerk shall mark this

matter closed.
BY THE COURT:

~c

KIM R. GIBSON,
UNITED STATES DISTRICT JUDGE
Notice to counsel of record by ECF and by U.S. Mail to:
Kareem Glass HU-2290
S.C.I. Somerset
1600 Walters Mill Road
Somerset, PA 15510

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