Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.

Spuck v. Ridge

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


January 5, 2009

DANIEL L. SPUCK, PLAINTIFF,
v.
FORMER GOVERNOR THOMAS RIDGE, ET AL., DEFENDANTS.

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

MEMORANDUM ORDER

Plaintiff's civil rights complaint was received by the Clerk of Court on November 6, 2007 and was referred to Chief 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 Chief Magistrate Judge's report and recommendation, filed on October 22, 2008 [34], recommends that:

1. The motion to dismiss [18] filed by Defendants the Commonwealth of Pennsylvania, the Department of Corrections, and the PA Attorney General be granted;

2. The motion [21] to dismiss filed by Defendant Robert V. Barth be granted;

3. The motion [33] to dismiss filed by Defendant Paul Stowitsky be granted; and that

4. The claims against Defendant Thomas Ridge be dismissed in their entirety as frivolous, pursuant to the Court's authority under the Prison Litigation Reform Act.

The parties were allowed ten (10) days from the date of service to file objections. Plaintiff's objections [36] were filed on November 14, 2008.

After de novo review of the Complaint and the documents in the case, together with the Report and Recommendation and Plaintiff's objections thereto, the following order is entered:

AND NOW, this 5th Day of January 2009, IT IS HEREBY ORDERED that:

1. The motion to dismiss [18] filed by Defendants the Commonwealth of Pennsylvania, the Department of Corrections, and the PA Attorney General be, and hereby is, GRANTED;

2. The motion [21] to dismiss filed by Defendant Robert V. Barth be, and hereby is, GRANTED; and

3. The motion [33] to dismiss filed by Defendant Paul Stowitsky be, and hereby is, GRANTED.

IT IS FURTHER ORDERED that, pursuant to the authority granted to courts in the Prison Litigation Reform Act, the claims against Defendant Thomas Ridge be, and hereby are, DISMISSED in their entirety as frivolous.

The report and recommendation of Chief Magistrate Judge Baxter dated October 22, 2008 [34] is adopted as the opinion of this Court.

20090105

© 1992-2009 VersusLaw Inc.



Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.