IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
November 24, 2010
RICHARD SMITH, PLAINTIFF
DAUPHIN COUNTY CORRECTIONS SERGEANT KUZO, JAMES MILLER, WARDEN DOMINICK L. DEROSE, COUNTY OF DAUPHIN, DAUPHIN COUNTY PRISON BOARD, DEFENDANTS
The opinion of the court was delivered by: Judge Conner
AND NOW, this 24th day of November, 2010, upon consideration of the report of United States Magistrate Judge Martin C. Carlson (Doc. 42), recommending that defendants' motion for partial summary judgment (Doc. 27) be granted, and, following an independent review of the record and noting that plaintiff filed objections*fn1 to the report on September 22, 2010 (Doc. 43), and the court finding Judge Carlson's analysis to be thorough and well-reasoned, and the court finding plaintiff's objections to be without merit and squarely addressed by Judge Carlson's report, it is hereby ORDERED that:
1. The report of Magistrate Judge Carlson (Doc. 42) is ADOPTED.
2. Defendants' motion for partial summary judgment (Doc. 27) is GRANTED in favor of Defendants DeRose, Dauphin County and Dauphin County Prison Board.
3. The Clerk of Court is directed to enter JUDGMENT in favor of Defendants DeRose, Dauphin County and Dauphin County Prison Board.
3. As per the stipulation of the parties, the John Doe Defendants and First Amendment claims of Plaintiff are DISMISSED.
4. A pretrial scheduling order shall issue separately.
CHRISTOPHER C. CONNER United States District Judge