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Warner v. McVey

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


March 16, 2009

RICHARD LAWRENCE WARNER, PLAINTIFF,
v.
CATHERINE MCVEY, ET AL., DEFENDANTS.

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 February 20, 2008, 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. 30], filed on February 27, 2009, recommended that the motion to dismiss or alternatively, for judgment on the pleadings, filed by the Department of Corrections Defendants [Doc. No. 27] be denied. The parties were allowed ten (10) days from the date of service to file objections. No objections were filed. After de novo review of the motion and documents in the case, together with the Report and Recommendation, the following order is entered:

AND NOW, this 16th day of March, 2009;

IT IS HEREBY ORDERED that the motion to dismiss or alternatively, for judgment on the pleadings, filed by the Department of Corrections Defendants [Doc. No. 27] is DENIED.

The Report and Recommendation [Doc. No. 30] of Magistrate Judge Baxter, filed on February 27, 2009, is adopted as the opinion of the Court.

20090316

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