United States District Court, W.D. Pennsylvania
August 30, 2005.
GARY J. GALLONIO, Plaintiff,
JAMESON MEMORIAL HOSPITAL, Defendant.
The opinion of the court was delivered by: GARY LANCASTER, District Judge
Plaintiff's Complaint was received by the Clerk of Court on
October 27, 2004, and was referred to United States Magistrate
Judge Lisa Pupo Lenihan for pretrial proceedings 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 Magistrates.
The Magistrate Judge's Report and Recommendation (Doc. No. 12)
filed on August 8, 2005, recommended that the Defendant's Motion
to Dismiss (Doc. No. 8) be denied in part and granted in part.
Service was made on all counsel of record. The parties were
informed that in accordance with the Magistrates Act,
28 U.S.C. § 636(b)(1)(B) and (C), and Rule 72.1.4(B) of the Local Rules for
Magistrates, that they had ten (10) days to file any objections.
No objections have been filed. After review of the pleadings and
the documents in the case, together with the Report and
Recommendation, the following Order is entered: AND NOW, this 24th day of August, 2005;
IT IS HEREBY ORDERED that Defendant's Motion to Dismiss (Doc.
No. 8) is granted in part and denied in part.
IT IS FURTHER ORDERED that the Report and Recommendation
(Doc. No. 12) of Magistrate Judge Lenihan, dated August 8, 2005,
is adopted as the Opinion of the Court.
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