United States District Court, W.D. Pennsylvania
September 7, 2005.
TIMOTHY A. HALE, Plaintiff
TROOPER MARK A. SCHMELZLEN; SHEILA LEMLEY, Defendants.
The opinion of the court was delivered by: ARTHUR SCHWAB, District Judge
AND NOW, this 7th day of Sept., 2005, after the
plaintiff, Timothy A. Hale, filed an action in the
above-captioned case, and after the defendants filed motions to
dismiss, and after a Report and Recommendation was filed by the
United States Magistrate Judge granting the parties ten days
after being served with a copy to file written objections
thereto, and plaintiff having filed objections with a brief in
support and defendant Sheila Lemley having filed a response to
plaintiff's objections, and upon independent review of the
motions and the record, and upon consideration of the Magistrate
Judge's Report and Recommendation, which is adopted as the
opinion of this Court,
IT IS ORDERED that the Motions to Dismiss filed by Defendant
Lemley and Defendant Schmelzlen are granted;
IT IS FURTHER ORDERED that, pursuant to Rule 4(a)(1) of the
Federal Rules of Appellate Procedure, if the plaintiff desires to
appeal from this Order he must do so within thirty (30) days by
filing a notice of appeal as provided in Rule 3, Fed.R.App.P.
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