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McCoy v. Yurcak

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


June 16, 2009

MARTELL MCCOY, PLAINTIFF,
v.
OFFICER MICHAEL YURCAK, 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 August 13, 2008 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 [17], filed on May 20, 2009, recommends that the Defendants' Motion to Dismiss Complaint [11] be granted and that this case be dismissed. The parties were allowed ten (10) days from the date of service in which to file objections. Service was made on Plaintiff by certified mail at SCI Albion, where he is incarcerated, and on the Defendants. No objections were filed. After de novo review of the complaint and documents in the case, together with the Report and Recommendation, the following order is entered:

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

IT IS HEREBY ORDERED that the Defendants' Motion to Dismiss Complaint [11] be, and hereby is, GRANTED and the within case is DISMISSED.

The Report and Recommendation of Chief Magistrate Judge Baxter [17], dated May 20, 2009, is adopted as the opinion of this Court.

Chief U.S. Magistrate Judge Baxter

20090616

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