PEREZ v. WETZEL et al

Filing 47

MEMORANDUM ORDER granting 32 Motion for Summary Judgment and the complaint is dismissed as to the other defendants for failure to state a claim. The Report and Recommendation at ECF No. 6 and the Report and Recommendation at ECF No. 45 are adopted as the opinions 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 6/29/2017. (dlg)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
YUMIL PEREZ,
Plaintiff

v.

Case No. 3:15-cv-165-KRG-KAP

SHAWN KEPHART
Defendant
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 Rule 72 for Magistrate Judges.
The Magistrate Judge filed a Report and Recommendation
on October 19, 2015, ECF no. 6, recommending that the plaintiff's
complaint be dismissed insofar as it sought damages and proceed
(after amendment) on its claims for injunctive relief. After notice
to the plaintiff that pursuant to 28 U.S.C.§
fourteen

days

Recommendation

to

file

written

and after

no

objections

objections

to

were

636(b) (1)
the
filed

he had

Report
the

and

matter

proceeded as recommended.
After pretrial proceedings
judgment at ECF no.

32,

and a

motion for

summary

the Magistrate Judge filed a Report and

Recommendation on May 22, 2017, ECF no. 45, recommending that the
motion for summary judgment be granted.

Notice was given to the parties
U.S.C.

§

that pursuant to 28

636 (b) (1) they had fourteen days to file written objections

to the Report and Recommendation. There were no objections.
After

review

of

the

record

recommendation of the Magistrate Judge,

of

this

matter,

the

and noting the lack of

objections thereto, the following order is entered:
AND Now, this

zcr+~ay of

June 2017, it is

ORDERED that summary judgment is entered for defendant
Kephart and the complaint is dismissed as to the other defendants
for failure to state a claim. The Report and Recommendation at ECF
no. 6 and the Report and Recommendation at ECF no. 45 are adopted
as the opinions of the Court.

The 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:
Yumil Perez JG-2234
S.C.I. Somerset
1600 Walters Mill Road
Somerset, PA 15510

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