United States District Court, W.D. Pennsylvania
December 13, 2005.
JOSH L. ANDERSON, Plaintiff,
LARRY KOPKO, et al., Defendants.
The opinion of the court was delivered by: SEAN McLAUGHLIN, District Judge
This civil rights action was received by the Clerk of Court on
May 19, 2004, and was referred to United States Magistrate Judge
Susan Paradise Baxter for report and recommendation 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 [Doc. No. 37],
filed on December 13, 2005, recommended that Defendants' Kopko
and Ickert's motion to dismiss [Doc. No. 27] be granted. The
parties were allowed ten (10) days from the date of service to
file objections. Service was made on Plaintiff by certified mail
and on Defendants. Plaintiff filed objections on December 27,
2005 [Doc. No. 43], and Defendants filed a response to the
objections [Doc. No. 41] and brief in support of the response
[Doc. No. 42]. After de novo review of the motion and
documents in the case, together with the Report and
Recommendation, objections thereto and response to the
objections, the following order is entered:
AND NOW, this 6th day of January, 2006;
IT IS HEREBY ORDERED that the Defendants' Kopko and Ickert's
motion to dismiss [Doc. No. 27] is GRANTED.
The Report and Recommendation [Doc. No. 37] of Magistrate Judge
Baxter, filed on December 13, 2005, is adopted as the opinion of
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