WHEELER v. WETZEL et al

Filing 132

MEMORANDUM ORDER - it is ORDERED that the judgment at ECF no. 126 is vacated and reinstated. The plaintiff's motion for summary judgment, ECF no. 101 , is denied and the defendants' motion for summary judgment, ECF no. 103 , is granted. T he Report and Recommendation at ECF no. 122 as supplemented by the Report and Recommendation at ECF no. 129 , is adopted as the opinion of the Court. The Clerk shall again mark this matter closed, and as more fully stated in said Memorandum Order. Signed by Judge Kim R. Gibson on 8/6/2019. (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
Plaintiff's Motion for Relief from Judgment, ECF no. 130,
incorporating the objections filed at ECF no. 127, was referred to
Magistrate Judge Keith A. Pesto 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 October 8, 2018, ECF no. 129, recommending that the motion be
denied.
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. Plaintiff filed timely objections at ECF
no. 131 that urge the court to consider the objections at ECF no.
127 as timely but otherwise add nothing substantive.
Accepting the objections at ECF no. 127 as timely, and
reviewing them on the merits, they are meritless.
After de nova review of the record of this matter, the
Report and Recommendation at ECF no.

122 as supplemented by the

Report and Recommendation at ECF no. 129, and the objections filed

at ECF no.

127 and ECF no.

131,

the following order is entered:

/·JI,

AND NOW, this

_I..D
__ day of August, 2019, it is

ORDERED that the judgment at ECF no. 126 is vacated and
reinstated. The plaintiff's motion for summary judgment, ECF no.
101, is denied and the defendants' motion for summary judgment, ECF
no. 103, is granted. The Report and Recommendation at ECF no. 122
as supplemented by the Report and Recommendation at ECF no. 129,
is adopted as the opinion of the Court. The Clerk shall again 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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