GILLIAM v. WETZEL et al

Filing 90

MEMORANDUM ORDER - it is hereby Ordered that defendants' Officer Pearce, Officer Knepp, Officer T. Williams, Officer Kirsh, Officer Diehl, Officer Driscoll, Officer McCollough, Officer Rosenbaum, Officer Zameroski, Officer Archer, Officer Bartle y, RN Simmington, RN Long, RN Deborah Askey, and RN Reed's motion for summary judgment (ECF No. 79 ) is GRANTED. It is further Ordered that the report and recommendation (ECF No. 89 ) of Magistrate Judge Cynthia Reed Eddy is hereby adopted as the Opinion of the District Court, and as more fully stated in said Memorandum Order. Signed by Judge Kim R. Gibson on 10/31/2017. (dlg)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
JOHNSTOWN
HUGH JEFFREY GILLIAM,
Plaintiff,
vs.
OFFICER PEARCE, OFFICER KNEPP,
OFFICER T. WILLIAMS, OFFICER
KIRSCH, OFFICER DIEHL, OFFICER
DRISCOLL, OFFICER MCCOLLOUGH,
OFFICER ROSENBAUM, OFFICER
ZAMEROSKI, OFFICER ARCHER,
OFFICER BARTLEY, RN SIMINGTON,
RN LONG, DEBORAH ASKEY, RN; AND
RN REED,
Defendants,

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3:16-CV-00063-KRG

MEMORANDUM ORDER
KIM R. GIBSON, United States District Judge.
The present action was initiated in this court on March 7, 2016. The case was referred to
United States Magistrate Judge Cynthia Reed Eddy for pretrial proceedings in accordance with
Magistrate Judges Act, 28 U.S.C. § 636(b)(l) and Local Rules of Court 72.C and 72.D. The
defendants moved for summary judgment pursuant to Federal Rule of Civil Procedure 56. The
magistrate judge's report and recommendation filed September 26, 2017 recommended that the
defendants' motion for summary judgment be granted. Service of the report and recommendation
was made on all parties. The parties were informed that in accordance with the Magistrate Judges
Act, 28 U.S.C. § 636(b)(l)(B) and (C), and Local Rule of Court 72.D.2 that Plaintiff had until
October 13, 2017 to file objections as an unregistered ECF user and defendants had until October
10, 2017 to file any objections. As of this date, no objections have been filed.
Accordingly, after a de nova review of the pleadings and documents in this case, together

with the Report and Recommendation, the following Order is entered:
AND NOW, this

31 s-J-

0~

day of

, 2017, IT IS HEREBY

ORDERED that defendants' Officer Pearce, Officer Knepp, Officer T. Williams, Officer Kirsh,
Officer Diehl, Officer Driscoll, Officer Mccollough, Officer Rosenbaum, Officer Zameroski,
Officer Archer, Officer Bartley, RN Simington, RN Long, RN Deborah Askey, and RN Reed's
motion for summary judgment [ECF No. 79] is GRANTED.
IT IS FURTHER ORDERED that the report and recommendation [ECF No. 34] of
Magistrate Judge Cynthia Reed Eddy is hereby adopted as the Opinion of the District Court.

BY THE COURT:

Kim R. Gibson
United States District Judge

cc:

The Honorable Cynthia Reed Eddy
United States District Court
Western District of Pennsylvania
via CM-ECF electronic filing
HUGH JEFFREY GILLIAM
LR-4723
SCI Houtzdale
P.O. Box 1000
Houtzdale, PA 16698-1000
Counsel of record
via CM-ECF electronic filing

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