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Bricker v. Stowitzky

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA


August 6, 2007

RONALD L. BRICKER, PLAINTIFF,
v.
PAUL J. STOWITZKY; FRED J. RUFFO; DEBRA K. SAUERS; RHONDA OSOKO; JAMES STILES; DONNA BONNER; EDWARD P. PAVLICK; JACQUELINE S. MARQUARDT; OFFICER HARVEY; MS. JANET KIMMELL; DEPUTY NEISWONGER; CO. JOHN DOE; JEFFERY A. BEARD; MR. MARTIN; WILLIAM STICKMAN; GEORGE MESAROS; AND MR. COLE, DEFENDANTS.

The opinion of the court was delivered by: Judge Arthur J. Schwab

ORDER

The above captioned case was initiated by the filing of a Motion to Proceed In Forma Pauperis (doc. no. 1) on December 27, 2006, and was referred to United States Magistrate Judge Lisa Pupo Lenihan for pretrial proceedings in accordance with the Magistrate Judges Act, 28 U.S.C. § 636(b)(1), and Rules 72.1.3 and 72.1.4 of the Local Rules for Magistrate Judges.

The Magistrate Judge's Report and Recommendation (doc. no. 32), filed on July 2, 2007, recommended that Plaintiff's Motion for Preliminary Injunction (doc. no. 6) be denied and that Defendants' Motion to Dismiss (doc. no. 27) be granted. Plaintiff was served with the Report and Recommendation at SCI-Mercer and was advised that he was allowed until July 19, 2007 to file written objections. On August 1, 2007, Plaintiff filed an "appeal," which the Court construes to be objections to the Report and Recommendation.

After review of the pleadings and documents in the case, together with the Report and Recommendation and the Objections thereto, the following order is entered:

AND NOW, this 6th day of August, 2007;

IT IS HEREBY ORDERED that Plaintiff's Motion for Preliminary Injunction (doc. no. 6)is DENIED and Defendants' Motion to Dismiss (doc. no. 27) is GRANTED.

IT IS FURTHER ORDERED that the Report and Recommendation (doc. no. 32) of Magistrate Judge Lenihan, dated July 2, 2007, is adopted as the opinion of the court.

IT IS FURTHER ORDERED that the Clerk of Court mark this case CLOSED.

AND IT IS FURTHER ORDERED that pursuant to Rule 4(a)(1) of the Federal Rules of Appellate Procedure, Plaintiff has thirty (30) days to file a notice of appeal as provided by Rule 3 of the Federal Rules of Appellate Procedure.

Arthur J. Schwab United States District Judge

20070806

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