WHEELER v. WETZEL et al

Filing 125

MEMORANDUM ORDER - it is Ordered that the plaintiff's motion for summary judgment, ECF No. 101 , is denied and the defendants' motion for summary judgment, ECF No. 103 , is granted; 122 Report and Recommendation is 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 9/27/2018. (dlg)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
RONALD WHEELER,
Plaintiff
Case No. 3:15-cv-172-KRG-KAP

V.

JOHN WETZEL, et al.,
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 a Report and Recommendation
on August 28, 2018, ECF no. 122, recommending that the plaintiff's
motion for summary judgment, ECF no.

101, be denied and that the

defendants' motion for summary judgment, ECF no. 103, be granted.
The parties were notified that pursuant to 28 U.S.C.§
636(b) (1) they had fourteen days to file written objections to the
Report and Recommendation. Despite a grant of additional time, no
timely objections were filed.
After review of the record of this matter and the Report
and Recommendation under the "reasoned consideration" standard, see
EEOC

v.

City

of

Long

Branch,

866

F. 3d

93,

100

(3d

Cir.2017) (standard of review when no timely and specific objections
are filed),

the following order is entered:

AND NOW, this

27

+~

day of September, 2018, it is

ORDERED that the plaintiff's motion for summary judgment,
ECF no.

101,

is denied and the defendants'

judgment, ECF no. 103,

motion for summary

is granted. The Report and Recommendation

is adopted as the opinion 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:
Ronald Wheeler AM-8074
S.C.I. Somerset
1600 Walters Mill Road
Somerset, PA 15510

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