United States District Court, M.D. Pennsylvania
September 8, 2005.
RICHARD P. SHOVER, Plaintiff
DAUPHIN COUNTY PRISON, ET AL., Defendants.
The opinion of the court was delivered by: WILLIAM NEALON, JR., Senior District Judge
Plaintiff, currently a resident of the Dauphin County Work
Release Center, amnd formerly an inmate at the dauphin County
Prison, commenced this prisoner civil rights action by the filing
of a complaint pursuant to 28 U.S.C. § 1983 on March 17, 2005.
(Doc. 1). The matter was referred to United States Magistrate
Judge Thomas M. Blewitt for initial consideration. Due to
deficiencies in his original pleading, the Magistrate Judge
ordered Plaintiff to amend his complaint. The amended complaint
was filed on April 8, 2005, and alleged that, upon Plaintiff's
arrival at the Dauphin County Prison in January, 2005, he was
beaten by prison officials and subsequently denied medical care.
On June 15, 2005, Defendants filed a Motion for Summary
Judgment and supporting materials (Docs. 12-14). Because
Plaintiff failed to respond to the motion, and concern that
Plaintiff may have been relocated from the Dauphin County Prison to the Dauphin County Work Release Center, the Magistrate Judge
ordered the Clerk of Court on July 14, 2005 to re-serve the
summary judgment pleadings on Plaintiff at his new address and
permitted him additional time to respond thereto. The time to
file a responsive pleading to Defendants' motion passed without a
response by Plaintiff. On August 12, 2005, Magistrate Judge
Blewitt issued a Report and Recommendation in this matter,
recommending that the Defendants' Motion for Summary Judgment be
granted, finding the motion unopposed under Fed.R.Civ.P. 41(b)
and M.D.Pa. LR 7.6. (Doc. 19). He also determined that Plaintiff
had failed to exhaust his administrative remedies with respect to
his Eighth Amendment claims and that these claims were
No objections were filed to the Magistrate Judge's Report and
Recommendation. After careful review and in the exercise of sound
judicial discretion, the Court adopts the Magistrate Judge's
Report and Recommendation.
ACCORDINGLY, THIS 8th DAY OF SEPTEMBER, 2005 IT IS HEREBY
1. The Magistrate Judge's Report and Recommendation
(Doc. 19) is ADOPTED.
2. Defendants' Motion for Summary Judgment (Doc. 12)
3. Plaintiff's complaint (Doc. 8) is DISMISSED.
4. The Clerk of Court is directed to close this case. 5. Any appeal taken from this order will be deemed
frivolous, without probable cause, and not taken in
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