CONSENTINO v. WINGARD et al

Filing 68

MEMORANDUM ORDER granting 56 Motion for Summary Judgment; 67 Report and Recommendation dated 1/26/2018 is ADOPTED as the Opinion of the Court. The Clerk of Court shall mark this case as CLOSED, and as more fully stated in said Memorandum Order. Signed by Judge Kim R. Gibson on 2/13/2018. (dlg)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
RANDY CONSENTINO,
Plaintiff,
V.

COMMONWEAL TH OF
PENNSYLVANIA DEPARTMENT OF
CORRECTIONS, et al.,
Defendants.

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Civil Action No. 3: 15-cv-0269
United States District Judge
Kim R. Gibson

MEMORANDUM ORDER
Before the Court is the Report and Recommendation of the Magistrate Judge (Doc. No
67) recommending that summary judgment be entered in favor of the defendants. Defendants'
Objections to the Report and Recommendation were due by February 9, 2018 and Plaintiffs
objections to the Report and Recommendation were due by February 12, 2018. No objections
have been filed.
The district court must make a de nova determination of those portions of the report to
which objections are made. 28 U.S.C. § 636(b)(l)(C); see also Henderson v. Carlson, 812 F.2d
874, 877 (3d Cir.1987). This Court may accept, reject, or modify, in whole or in part, the
findings or recommendations made by the magistrate judge. The district court judge may also
receive further evidence or recommit the matter to the magistrate judge with instructions.
After de nova review of the pleadings and documents in the case, together with the
Report and Recommendation, and the Objections thereto, the following order is entered:

AND NOW, this /3-tiJay of February, 2018 it is hereby ORDERED that
Defendants' motion for summary judgment (ECF No. 56) is GRANTED.

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The Report and Recommendation (ECF No. 67) dated January 26, 2018, is

ADOPTED as the Opinion of the Court.

3.

The Clerk of Court shall mark this case as CLOSED.

B~l?.L
Kim R. Gibson
United States District Judge
cc:

RANDY CONSENTINO
121 Maplewood Drive
Dover, PA 17315
(via U.S. First Class Mail)
Joseph G. Fulginiti
Department of Corrections
(via ECF electronic notification)