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Caldwell v. Beard

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


July 23, 2008

CLAY CALDWELL, PLAINTIFF,
v.
JEFFREY A. BEARD, SECRETARY OF CORRECTIONS, LOUIS FOLINO, SUPERINTENDENT, SCI GREENE, WALLACE DITTSWORTH, FOOD SERVICE MANAGER, SCI GREENE, MARK DICARLO, ASST. FOOD SERVICE MANAGER, SCI GREENE AND LINDA VARNER, RH, IT MEDICAL DIRECTOR, SCI GREENE, DEFENDANTS.

The opinion of the court was delivered by: Terrence F. McVerry United States District Court Judge

ORDER OF COURT

AND NOW, this 23rd day of July, 2008, the Plaintiff, Clay Caldwell, having filed the above captioned action, and after a Report and Recommendation was filed by the United States Magistrate Judge which granted the parties until August 1, 2008 to file written objections thereto, and Plaintiff having filed objections on July 18, 2008 which are found to be without merit, and upon independent review of the record, with full 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 and It is further ORDERED that Plaintiff's Complaint is DISMISSED for failure to state a claim upon which relief can be granted.

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.

20080723

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