IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA
March 28, 2006
ROBERT HUGHES, PLAINTIFF
M. EITNER, C/O I; C. BOWLIN, C/O I; SGT. BARKEFELT, C/O II; DAVID GRAINEY, C/O IV; LOUIS FOLINO, SUPERINTENDENT; JEFFERY BEARD, SECT. OF CORR., DEFENDANTS
The opinion of the court was delivered by: Judge Arthur J. Schwab
Magistrate Judge Amy Reynolds Hay
AND NOW, this 28th day of March, 2006, after the plaintiff, Robert Hughes, filed an action in the above-captioned case, and after a Motion to Dismiss was submitted by the defendants, 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 HEREBY ORDERED that the defendants' Motion to Dismiss is GRANTED as to the claim that false misconduct charges were filed and DENIED in all other respects;
IT IS FURTHER ORDERED that, pursuant to Rule 4(a)(1) of the Federal Rules of Appellate Procedure, if the parties desire to appeal from this Order they 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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