KISSELL v. DEPARTMENT OF CORRECTIONS, STATE CORRECTIONAL INSTITUTE OF LAUREL HIGHLANDS et al

Filing 44

MEMORANDUM ORDER - it is Ordered that Defendants' Motions to Dismiss at ECF no. 29 and ECF no. 38 are granted. The complaint is dismissed without further leave to amend. The Reports and Recommendations at ECF no. 36 and ECF no. 42 are adopted as the opinion of the Court. The Clerk shall mark this matter closed, and as more fully stated in said Memorandum Order. Signed by Judge Kim R. Gibson on 3/29/2016. (dlg)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
MICHAEL F. KISSELL,
Plaintiff,

v.

Case No. 3:15-cv-58-KRG-KAP

COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF CORRECTIONS, and
PENNSYLVANIA STATE CORRECTIONS
OFFICERS ASSOCIATION,
Defendants
Memorandum Order
This matter was referred to Magistrate Judge Keith A.
Pesto for pretrial proceedings in accordance with the Magistrates
Act, 28 U.S.C.§ 636 and Local Civil Rule 72.
The Magistrate Judge filed Reports and Recommendations
on February 25, 2016, ECF no. 36, and on March 21, 2016, ECF no.
42, recommending that the defendants' motions to dismiss at ECF no.
29 and ECF no. 38 be granted and the complaint dismissed without
further leave to amend.
The parties were notified that, pursuant to 28 U.S.C.§
636 (b) ( 1),

they had fourteen days to file written objections to

each Report and Recommendation.
at ECF no.

37 and ECF no.

Plaintiff filed timely objections

43 that

I

have reviewed de novo and

reject as meritless.
After de

novo

review of the

record,

Recommendations, and the objections thereto,
is entered:

the

Reports

and

the following order

AND NOW, this

.;(~hday

of March, 2016, it is

ORDERED that defendants' motions to dismiss at ECF no.
29 and ECF no. 38 are granted.
further leave to amend.
36 and ECF no.

The complaint is dismissed without

The Reports and Recommendations at ECF no.

42 are adopted as the opinion of the Court.

Clerk shall mark this matter closed.
BY THE COURT:

KIM R. GIBSON,
UNITED STATES DISTRICT JUDGE
Notice to counsel of record by ECF and by U.S. Mail to:
Michael F. Kissell
1027 Quincy Drive
Greensburg, PA 15601

2

The