United States District Court, W.D. Pennsylvania
August 16, 2005.
CESAR MENDOZA-HERNANDEZ, Plaintiff,
JAMES F. SHERMAN, Warden, Defendant.
The opinion of the court was delivered by: SEAN McLAUGHLIN, District Judge
Plaintiff's civil rights complaint was received by the Clerk of
Court on July 20, 2004, and was referred to United States
Magistrate Judge Susan Paradise Baxter for report and
recommendation in accordance with the Magistrates Act,
28 U.S.C. § 636(b)(1), and Rules 72.1.3 and 72.1.4 of the Local Rules for
The magistrate judge's report and recommendation, filed on July
27, 2005, recommended that the Defendant's motion to dismiss the
complaint, or in the alternative, for summary judgment [Doc. #
15] be granted. The parties were allowed ten (10) days from the
date of service to file objections. Service was made on Plaintiff
by certified mail at FCI McKean, where he is incarcerated, and on
the Defendant. No objections were filed. After de novo review of
the complaint and documents in the case, together with the report
and recommendation, the following order is entered:
AND NOW, this 16th Day of August, 2005;
IT IS HEREBY ORDERED that the Defendant's motion [Doc. # 15] to
dismiss the complaint, or in the alternative, for summary
judgment, is GRANTED.
The report and recommendation of Magistrate Judge Baxter, dated
July 27, 2005, is adopted as the opinion of the court.
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