DIPIETRO v. WETZEL, et al

Filing 53

MEMORANDUM ORDER - it is Ordered that the motion for summary judgment. ECF no. 41 , is granted. It is further Ordered that the complaint is dismissed as to the Defendants described as "Four Unidentified Officers." The 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 9/27/2019. (dlg)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
NICODEMO DiPIETRO,
Plaintiff,
Case No. 3:17-cv-76-KRG-KAP

V.

JOHN WETZEL, SECRETARY,
PENNSYLVANIA DEPARTMENT OF
CORRECTIONS 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 21, 2019, ECF no. 49, recommending that the motion for
summary judgment filed by Houtzdale Medical Center, ECF no. 41, be
granted, that defendants "Four Unidentified Officers" be dismissed,
and that judgment be entered in favor of defendants and against
plaintiff.
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 objections at ECF no.

51, that I have reviewed de nova.
After de nova review of the record in this matter, the
Report and Recommendation, the objections thereto, and the Motion
at ECF no.

50 that has been denied by the Magistrate Judge,

following order is entered:

the

AND NOW, this

September, 2019, it is

ORDERED that the motion for summary judgment, ECF no. 41,
is granted. It is further ordered that the complaint is dismissed
as to the defendants described as

II

Four Unidentified Officers.

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The Report and Recommendation is adopted as the opinion of the
Court. The Clerk shall mark this matter closed.

BY THE COURT:

~~tlL

KIM R. GIBSON,
UNITED STATES DISTRICT JUDGE
Notice to counsel of record by ECF and by U.S. Mail to:
Nicodemo DiPietro ET-3095
S.C.I. Frackville
1111 Altamont Blvd.
Frackville, PA 17931

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