CASTRO v. SUPERINTENDENT GLUNT et al

Filing 41

MEMORANDUM ORDER - it is hereby Ordered that Defendants' motion to dismiss for failure to state a claim [ECF No. 23 ] is DENIED. Defendants shall file an Answer by 12/28/2015. It is further Ordered that 39 Report and Recommendation of Magistrate Judge Cynthia Reed Eddy is hereby adopted as the Opinion of the District Court, and as more fully stated in said Memorandum Order. Signed by Judge Kim R. Gibson on 12/7/2015. (dlg)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
ADALBERTO CASTRO,
Plaintiff,
V.

SUPERINTENDENT GLUNT, SCI Houtzdale,
DEPUTY SUPERINTENDENT HOLLIBAUGH,
SCI Houtzdale, DEPUTY SUPERINTENDENT
CLOSE, SCI Houtzdale, CAPTAIN
BRUMBAUGH, SCI Houtzdale, LT. SHEA,
SCI Houtzdale, DORIN A VARNER, Chief
Hearing Examiner, LOUIS FOLINO,
Superintendent, SCI Greene, JOHN WETZEL,
Secretary of D. 0. C., JOHN SAWTELLE,
C. C.P.M Assigned Grievance Officer, and
SUPERINTENDENT GILMORE, Current
Warden of SCI Greene,
Defendants.

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Civil Action No. 3: 14-cv-273
United States District Judge
Kim R. Gibson
United States Magistrate Judge
Cynthia Reed Eddy

MEMORANDUM ORDER
KIM R. GIBSON, United States District Judge.
The present action was filed with this Court on December 30, 2014.

The case was

referred to United States Magistrate Judge Cynthia Reed Eddy for pretrial proceedings in
accordance with Magistrate Judges Act, 28 U.S.C. § 636(b)(l) and Local Rules of Court 72.C
and 72.D.
Defendants filed a motion to dismiss for failure to state a claim [ECF No. 23] on April
21, 2015. The Magistrate Judge's Report and Recommendation [ECF No. 39] filed November
13, 2015 recommended that the motion to dismiss filed on behalf of Defendant be denied.
Service of the Report and Recommendation was made on all parties. 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 they had until November 27, 2015 to file any objections. As of this date,

no objections have been filed.
Accordingly, after a de novo review of the pleadings and documents in this case, together
with the Report and Recommendation, the following Order is entered:
AND NOW, this

7fA

day of December, 2015, IT IS HEREBY ORDERED that

Defendants' motion to dismiss for failure to state a claim [ECF

shan me an Answer by

:Dec e"''o e'('

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No.~]

is DENIED. Defendants

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IT IS FURTHER ORDERED that the Report and Recommendation of Magistrate Judge
Cynthia Reed Eddy is hereby adopted as the Opinion of the District Court.

B~T.~
The Honorable Kim R. Gibson
United States District Judge
cc:

The Honorable Cynthia Reed Eddy
United States District Court
Western District of Pennsylvania
ADALBERTO CASTRO
FX-6703
SCI Greene
175 Progress Drive
Waynesburg, PA 15370
Counsel ofrecord via CM-ECF

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