IRBY v. CLEARFIELD COUNTY JAIL et al
Filing
32
MEMORANDUM ORDER - it is Ordered that defendants' motion to dismiss, ECF no. 17 , is granted in part and denied in part as recommended in the Report and Recommendation at ECF no. 29 , which is adopted as the opinion of the Court. The matter remains with the Magistrate Judge for further proceedings, and as more fully stated in said Memorandum Order. Signed by Judge Kim R. Gibson on 9/13/2019. (dlg)
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
MICHAEL JEROME IRBY,
Plaintiff
v.
CLEARFIELD COUNTY JAIL, et al.,
Defendants
:Case No. 3:18-cv-118-KRG-KAP
Memorandum Order
This matter has been 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 16, 2019, ECF no. 29, recommending that the defendants'
motion to dismiss,
ECF no.
17, be granted in part and denied in
part.
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. No objections have been filed and the
time to do so has expired.
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:
AND NOW, this
/3 +hday
of September, 2019, it is
ORDERED that defendants' motion to dismiss, ECF no. 17,
is granted in part and denied in part as recommended in the Report
and Recommendation at ECF no. 29, which is adopted as the opinion
of the Court.
The matter remains with the Magistrate Judge for
further proceedings.
BY THE COURT:
KIM R. GIBSON,
UNITED STATES DISTRICT JUDGE
Notice to counsel of record by ECF and by U.S. Mail to:
Michael J. Irby ND-0109
S.C.I. Dallas
1000 Follies Road
Drawer K
Dallas, PA 18612
2
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