United States District Court, W.D. Pennsylvania
November 1, 2005.
RAHIEM NOWELL, Plaintiff,
JEFFREY BEARD, SECRETARY, PENNSYLVANIA DEPARTMENT OF CORRECTIONS, et al., Defendants.
The opinion of the court was delivered by: KIM GIBSON, District Judge
This matter was referred to Magistrate Judge Keith A. Pesto for
pretrial proceedings in accordance with the Magistrates Act,
28 U.S.C. § 636(b)(1), and subsections 3 and 4 of Local Rule 72.1
for Magistrate Judges.
The Magistrate Judge filed a Report and Recommendation on
October 19, 2005, docket no. 12, recommending that the
defendants' motion to dismiss, docket no. 10, be granted.
The parties were notified that pursuant to
28 U.S.C. § 636(b)(1), they had ten days to serve and file written objections
to the Report and Recommendation. No one has filed objections and
the time to do so has expired.
After review of the record of this matter and the Report and
Recommendation, and noting the absence of timely objections
thereto, the following order is entered: AND NOW, this 1st day of November, 2005, it is
ORDERED that defendants' motion to dismiss, docket no. 10, is
granted and the complaint is dismissed. The Report and
Recommendation is adopted as the opinion of the court. The Clerk
shall mark this matter closed.
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