DAVIS v. PEARSON, et al

Filing 31

MEMORANDUM ORDER denying 22 Motion to Vacate; 24 Report and Recommendation is adopted as the opinion of the Court, and as more fully stated in said Memorandum Order. Signed by Judge Kim R. Gibson on 8/22/2019. (dlg)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
PATRICK DAVIS,

Plaintiff,
Case No. 3:17-cv-174-KRG-KAP

V.

JANET PEARSON,

et al.,

Defendants
Memorandum Order
The pleading at ECF no. 22 docketed as a motion by the
plaintiff to vacate the

judgment in this case 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 June 20,
denied.

2019,

ECF no.

24,

recommending that the motion be

The plaintiff was notified that pursuant to 28 U.S.C.§

636(b) (1), he had fourteen days to file written objections to the
Report and Recommendation. Plaintiff did not file objections, but
someone identifying himself as "the writ writer" filed a pleading
at ECF no.

3 O that refers

to objections having been filed "on

behalf of" the plaintiff. No such objections appear in the record.
Regardless of the absence of timely objections from the
plaintiff I have reviewed the record, the motion, and the Report
and Recommendation de nova,
judgment.

I

note

that

and find no basis for vacating the

many of

the

pleadings

in

this

matter,

including the motion to vacate and the notice of appeal, purport

to be filed "on behalf of Patrick Davis," which is a formula that
does not satisfy Fed.R.Civ.P.

ll(a) 's requirement that pleadings

be signed by an attorney of record or personally by the party. The
motion to vacate is denied for the reasons set out in the Report
and Recommendation at ECF no. 24, which is adopted as the opinion
of the Court.
BY THE COURT:

Aujus+ l2/i0l~MR~t')d~
UNITED STATES DISTRICT JUDGE
Notice by U.S. Mail to:
Patrick Davis KW-7089
S.C.I. Rockview
P.O. Box A, 1 Rockview Place
Bellefonte, PA 16823

2