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Clark v. Sherman

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


February 18, 2009

MARKESE CLARK, PLAINTIFF,
v.
JAMES SHERMAN, ET AL., DEFENDANTS.

MEMORANDUM ORDER

AND NOW, this 18th day of February, 2009, and upon review, nunc pro tunc, of Plaintiff's resubmitted untimely filed objections [Doc. No. 27] to Magistrate Judge Susan Paradise Baxter's Report and Recommendation [Doc. No. 23], filed on December 18, 2008, recommending that Defendants' motion to dismiss or in the alternative for summary judgment [Doc. No. 13] be granted and that Defendants' renewed motion to dismiss or in the alternative for summary judgment [Doc. No. 20] be granted, the following order is entered:

IT IS HEREBY ORDERED that the Plaintiff's resubmitted objections [Doc. No. 27] are DENIED; the Defendants' motion to dismiss or in the alternative for summary judgment [Doc. No. 13] is GRANTED; and Defendants' renewed motion to dismiss or in the alternative for summary judgment [Doc. No. 20] is GRANTED.

The Report and Recommendation [Doc. No. 23] of Magistrate Judge Baxter, filed on December 18, 2008, is adopted as the opinion of the Court.

Sean J. McLaughlin United States District Judge

Susan Paradise Baxter, U.S. Magistrate Judge

20090218

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