IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA
September 21, 2007
KENNETH FORTUNE, PLAINTIFF,
CARL HAMBERGER, UNIT MANAGER; MARTIN L. DRAGOVICH, SUPERINTENDENT; THOMAS L. JAMES, CHIEF GRIEVANCE COORDINATOR; C.O. BASEMORE, GUARD; CAROL BAKER, HEARING EXAMINER; C.O. LITCHARD, GUARD; C.O. WIRT, SERGENT; C.O. CRAIG, GUARD; C.O. HARMON, SERGEANT; ROBERT STEVENS, UNIT MANAGER; KAREN PATTERSON, ACCOUNTANT; JEAN W. SCOTT, BUSINESS MANAGER; DONALD L. KECHNER, DEFENDANTS.
The opinion of the court was delivered by: Judge Terrence F. McVerry
The above captioned case was initiated by the filing of a Motion to Proceed In Forma Pauperis (doc. no. 1) on March 11, 2004, 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 on April 12, 2004.
The Magistrate Judge's Report and Recommendation filed on August 29, 2007 (doc. no. 74), recommended that Defendants' Partial Motion to Dismiss (doc. no. 68) be granted and that Plaintiff's claims be dismissed against Defendants Hamberger, Dragovich, James, Baker, Bitner, Stevens, Andrade, Folino, and Burk. Plaintiff filed objections to the Report and Recommendation on September 18, 2007 (doc. no. 75).
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 21st day of September, 2007;
IT IS HEREBY ORDERED that Defendants' Partial Motion to Dismiss (doc. no. 68) is GRANTED and Plaintiff's claims against Defendants Hamberger, Dragovich, James, Baker, Bitner, Stevens, Andrade, Folino, and Burk are DISMISSED.
IT IS FURTHER ORDERED that the Report and Recommendation dated August 29, 2007, (doc. no. 74) of Magistrate Judge Lenihan is ADOPTED as the Opinion of the Court.
IT IS FURTHER ORDERED that the Clerk of Court delete Defendants Hamberger, Dragovich, James, Baker, Bitner, Stevens, Andrade, Folino, and Burk from the caption in this action.
Terrence F. McVerry United States District Judge
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