IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA
January 12, 2006
FRANKLIN W. ZURZOLO, PLAINTIFF
BUTLER COUNTY PRISON, DEFENDANT
The opinion of the court was delivered by: Judge Arthur J. Schwab
Magistrate Judge Amy Reynolds Hay
AND NOW, this 12th day of January, 2006, after the plaintiff, Franklin W. Zurzulo, filed an action in the above-captioned case, and after a Motion to Dismiss was submitted by defendant, and after a Report and Recommendation was filed by the United States Magistrate Judge granting the parties ten days after being served with a copy to file written objections thereto, and no objections having been filed, and upon independent review of the motion and the record, and upon consideration of the Magistrate Judge's Report and Recommendation, which is adopted as the opinion of this Court,
IT IS ORDERED that defendant's Motion to Dismiss is GRANTED.
IT IS FURTHER ORDERED that, pursuant to Rule 4(a)(1) of the Federal Rules of Appellate Procedure, if the plaintiff desires to appeal from this Order he must do so within thirty (30) days by filing a notice of appeal as provided in Rule 3, Fed.R.App.P.
ARTHUR J. SCHWAB United States District Judge
Honorable Amy Reynolds Hay United States Magistrate Judge
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