United States District Court, W.D. Pennsylvania
December 1, 2005.
DOUGLAS TUCKER, Plaintiff,
WILLIAM S. STICKMAN, et al., Defendants.
The opinion of the court was delivered by: TERRENCE McVERRY, District Judge
The Plaintiff's complaint was received by the Clerk of Court on
December 17, 2004, and was referred to United States Magistrate
Judge Francis X. Caiazza 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, filed on
November 7, 2005, recommended that the Defendant's Motion to
Dismiss be denied. Service was made on the Plaintiff by First
Class United States Mail delivered to the State Correctional
Institution at Rockview, Rockview, Pennsylvania where he is
incarcerated. No Objections have been filed.
After of the pleadings and documents in the case, together with
the Report and Recommendation, the following Order is entered: AND NOW, this 1st day of December, 2005,
IT IS HEREBY ORDERED that the that the Defendant's Motion to
Dismiss (Doc. 24) is DENIED.
IT IS FURTHER ORDERED, the Report and Recommendation of
Magistrate Judge Caiazza (Doc. 32) dated November 7, 2005, is
adopted as the opinion of the court.
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