SIMMONS v. WETZEL et al

Filing 7

MEMORANDUM ORDER denying 5 Motion for Reconsideration, and as more fully stated in said Memorandum Order. Signed by Judge Kim R. Gibson on 10/28/2015. (dlg)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
ERNEST SIMMONS,
Petitioner,
v.
JAMEY LUTHER, SUPERINTENDENT
S.C.I. LAUREL HIGHLANDS,
Respondent

Case 3:15-cv-135-KRG-KAP

Memorandum Order
Petitioner's Rule 59 motion, docket no. 5, was referred
to Magistrate Judge Keith A. Pesto under 28 U.S.C.§ 636(b) (3).
The Magistrate Judge filed a Report and Recommendation
on October 7, 2015, docket no. 6, recommending that the motion be
denied.
The petitioner was notified that pursuant to 28 U.S.C.§
636 (b) ( 1) , he had fourteen days to file objections.

Petitioner did

not file objections to the Report and Recommendation, and the time
to do so has expired.
Upon review of the Report and Recommendation, and noting
the

lack of

entered:

timely objections

thereto,

the

following

order

is

AND NOW, this

~~ay

of October, 2015, it is

ORDERED that the Motion for Reconsideration at docket no.
5 is denied.

KIM R. GIBSON,
UNITED STATES DISTRICT JUDGE
Notice by ECF to counsel of record and by U.S. Mail to:
Ernest Simmons JY-9170
S.C.I. Laurel Highlands
P.O. Box 631
5706 Glades Pike
Somerset, PA 15501-0631

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