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)

Download PDF
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 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?