RODEHEAVER v. NELSON et al

Filing 30

MEMORANDUM ORDER - it is Ordered that the complaint is dismissed for failure to state a claim, without further leave to amend, as to defendants Nelson, Stevie/Stevey, and Bernazolli. The motion for summary judgment by defendants Calhoun and Baker at ECF No. 22 is granted. The Reports and Recommendations at ECF No. 6 and ECF No. 29 are 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 11/29/2018. (dlg)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
BRENTON CORY RODEHEAVER,
Plaintiff
Case No. 3:16-cv-209-KRG-KAP

V.

TROY NELSON, WARDEN BEDFORD
COUNTY PRISON, et al.,
Defendants
Memorandum Order
Plaintiff's complaint 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 September 30, 2018, ECF no. 29, recommending that the motion for
summary judgment by defendants Baker and Calhoun at ECF no.

22 be

granted. Previous Reports and Recommendations at ECF no. 6 and ECF
no. 8 had recommended that the complaint as amended be dismissed
as to defendants Nelson,
Report

and

plaintiff's

Stevie/Stevey,

Recommendation

at

claims

those

except

ECF
in

no.

and Bernazolli.

As the

29

of

the

were

for

Counts

noted,
1

and

all
2

injunctive relief only and therefore were rendered moot by the end
of plaintiff's confinement at the Bedford County Prison.
The plaintiff submitted a proposed amended complaint at
ECF no. 11 that was docketed as a motion to amend the complaint and
denied at ECF no. 16. Because the filing of the amended complaint
had been permitted,

the Magistrate Judge's order at ECF no.

16

should have been described as a Report and Recommendation finding
the proposed amendment inadequate.
The parties were notified that pursuant to 28 U.S.C.§
636(b) (1) they had fourteen days to file written objections to the
Reports and Recommendations. No timely objections were filed to the
Report and Recommendation at ECF no. 29. Plaintiff filed a one-page
pleading styled "Objections" at ECF no. 10 to the recommendation
at ECF no. 6 that defendants Nelson, Stevie/Stevey, and Bernazolli
be dismissed from the case, but the pleading lacks any substantive
content

and

additions

cannot

to

the

previous versions

be

regarded

complaint
of

the

at

as

ECF

complaint,

objections.
no.

11,

do not

The

proposed

when added
amount

to

to a

the

claim

against defendants Nelson, Stevie/Stevey, and Bernazolli. Further
leave to amend is denied as inequitable.
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:

2

AND NOW, this

2C?

+h

day of November, 2018, it is

ORDERED that the complaint is dismissed for failure to
state a claim,
Nelson,

without further leave to amend,

Stevie/Stevey,

and Bernazolli.

as to defendants

The motion

for

summary

judgment by defendants Calhoun and Baker at ECF no. 22 is granted.
The Reports and Recommendations at ECF no.
adopted as the opinion of the Court.

6 and ECF no. 29 are

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:
Brenton C. Rodeheaver MU-9375
S.C.I. Somerset
1600 Walters Mill Road
Somerset, PA 15510

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