United States District Court, W.D. Pennsylvania
December 12, 2005.
ALFONSO PERCY PEW, Plaintiff,
JOANNE TORMA, Central Office Department of Corrections Religious Accomodations Board for Special Needs; DAVE ROBERTS, Unit Manager, Bureau of Inmate Services Central Office of Department of Corrections; T'SHANNA KYLER, Department of Corrections Grievance Final Review Board; THOMAS A. FULCOMER; WILLIAM J. LOVE; JEFFERY A. BEARD, Central Office Department of Correction Secretary and Deputies; MECHLING; WILLIAM TERZA, Pittsburgh State Prison Warden and Chaplain; VICUSI, Correctional Officer 1; CULP, LIEUTENENT 2; EVANS, Correctional Officer 1; WILLIAM S. STICKMAN, Superintendent; NIXON, Correctional Officer 1; JAMES META, Food Service Supervisor; CAROL A. DEWITT; and COREY A. BISH, Defendants.
The opinion of the court was delivered by: DONETTA AMBROSE, District Judge
The above captioned case was received by the Clerk of Court on
November 12, 2003, and was referred to United States Magistrate
Judge Francis X. Caiazza 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 case was transferred to Magistrate
Judge Lisa Pupo Lenihan on April 12, 2004.
The magistrate judge's Report and Recommendation (Doc. No. 87),
filed on November 4, 2005, recommended that the Motion for
Partial Summary Judgment (Doc. No. 77) be granted as to all Defendants on Plaintiff's
Eighth Amendment pork substitute claim. Service was made on the
Plaintiff at S.C.I. Fayette, P.O. Box 9999, LaBelle, PA
15450-0999 and and on counsel for the Defendants. The parties
were advised that in accordance with the Magistrate's Act,
28 U.S.C. § 636(b)(1)(B) and (C), and Rule 72.1.4 (B) of the Local
Rules for Magistrates, they were allowed ten (10) days from the
date of service to file written objections to this report, and
that any party opposing the objections were allowed seven (7)
days from the date of service of objections to respond thereto.
Plaintiff filed Objections to Magistrate Report and
Recommendation (Doc. No. 88) on November 15, 2005. No response to
the objection has been filed. After review of the pleadings and
documents in the case, together with the report and
recommendation and objections thereto, the following order is
AND NOW, this 12th day of December, 2005;
IT IS HEREBY ORDERED that the Motion for Partial Summary
Judgment (Doc. No. 87) is GRANTED as to all Defendants on
Plaintiff's Eighth Amendment pork substitute claim.
IT IS FURTHER ORDERED that the Report and Recommendation of
Magistrate Judge Lenihan, dated November 4, 2005, is adopted as
the opinion of the court.
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