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Ballard v. Immel

February 28, 2006

DAVID BALLARD, PLAINTIFF
v.
DAVID IMMEL, ET AL., DEFENDANTS



The opinion of the court was delivered by: Judge Conner

ORDER

AND NOW, this 28th day of February, 2006, upon consideration of the report of the magistrate judge (Doc. 77), to which no objections were filed, recommending that the motion for summary judgment (Doc. 66) be denied, and, following an independent review of the record, the court finding that the applicable two-year statute of limitations for claims under 42 U.S.C. § 1983 had not expired before plaintiff filed the instant action, see Foster v. Morris, No. Civ. 3:CV-02-0766, 2005 WL 2334954, at *3 (M.D. Pa. Sept. 22, 2005) ("[T]he United States Supreme Court established that a prisoner's complaint is deemed filed at the time it was given to prison officials for mailing to the Court." (citing Houston v. Lack, 487 U.S. 266 (1988))), it is hereby ORDERED that:

1. The report and recommendation of the magistrate judge (Doc. 77) is ADOPTED.

2. Defendants' motion for summary judgment (Doc. 66) is DENIED.

3. A pretrial/trial schedule will issue by future order of court.

CHRISTOPHER C. CONNER United States District Judge

20060228

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