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Kerwin v. McConell

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


September 6, 2007

RYAN KERWIN, PLAINTIFF,
v.
LT. WM MCCONELL, DEFENDANT.

The opinion of the court was delivered by: Sean J. McLaughlin United States District Judge

MEMORANDUM ORDER

This civil rights action was received by the Clerk of Court on March 22, 2005, 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. 86], filed on August 16, 2007, recommended that Defendant's motion for summary judgment [Doc. No. 73] be denied and that Plaintiff's cross-motion for summary judgment [Doc. No. 78] be denied. 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 Defendant. No objections were filed. After de novo review of the motions and documents in the case, together with the Report and Recommendation, the following order is entered:

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

IT IS HEREBY ORDERED that Defendant's motion for summary judgment [Doc. No. 73] is DENIED and Plaintiff's cross-motion for summary judgment [Doc. No. 78] is DENIED.

The Report and Recommendation [Doc. No. 86] of Magistrate Judge Baxter, filed on August 16, 2007, is adopted as the opinion of the Court.

20070906

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