GADSON v. JOHN DOE #1 et al

Filing 39

MEMORANDUM ORDER - it is hereby Ordered that 34 Motion to Dismiss/Motion for Summary Judgment is GRANTED and Plaintiff's claims are dismissed with prejudice and the case be marked CLOSED. It is further Ordered that 37 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 6/21/2016. (dlg)

Case 3:15-cv-00040-KRG-CRE Document 39 Filed 06/21/16 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
JOHNSTOWN
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ERIC GADSON,
Plaintiff,
vs.
JOHN DOE #1, CORRECTIONAL
OFFICER; JOHN DOE #2,
CORRECTIONAL OFFICER; NORMAN
WEIDLICH, ASST. HEAL TH SVC.
ADMIN.; AND P.A. STEVEN BURK, FCI
LORETTO;
Defendants,

3: 15-CV-00040-KRG

MEMORANDUM ORDER
KIM R. GIBSON, United States District Judge.

The present action was filed with this Court on February 13, 2015. 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.
The Defendants filed a motion to dismiss/motion for summary judgment [ECF No. 34] on
November 16, 2015.

The Magistrate Judge's Report and Recommendation [ECF No. 37]

recommended that the motion to dismiss/motion for summary judgment be granted and
Plaintiffs claims be dismissed with prejudice and the case be marked closed. 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)(l)(B) and (C), and Local Rule of
Court 72.D.2 they had until June 10, 2016 to file any objections. Plaintiff timely filed objections
thereto on June 6, 2016. After a review of the objections, I find that they are without merit.
Accordingly, after a de nova review of the pleadings and documents in this case, together

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Case 3:15-cv-00040-KRG-CRE Document 39 Filed 06/21/16 Page 2 of 2

with the Report and Recommendation, the following Order is entered:
AND NOW, this

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day of June, 2016, IT IS HEREBY ORDERED that

Defendants' motion to dismiss/motion for summary judgment is GRANTED and Plaintiffs
claims are dismissed with prejudice and the case be marked CLOSED.
IT IS FURTHER ORDERED that the Report and Recommendation [ECF No. 37] of
Magistrate Judge Cynthia Reed Eddy is hereby adopted as the Opinion of the District Court.

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

cc:

The Honorable Cynthia Reed Eddy
United States District Court
Western District of Pennsylvania
ERIC GADSON
35588-019
LORETTO
FEDERAL CORRECTIONAL INSTITUTION
Inmate Mail/Parcels
P.O. BOX 1000
LORETTO, PA 15940
Paul D. Kovac
United States Attorney's Office
700 Grant Street
Suite 4000
Pittsburgh, PA 15219

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