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MICHAEL EVANS v. DEPARTMENT OF CORRECTIONS

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


November 30, 2010

MICHAEL EVANS,
PLAINTIFF
v.
DEPARTMENT OF CORRECTIONS,
MARIOSA LAMAS,
SUPERINTENDENT, SCI ROCKVIEW, DEFENDANTS

The opinion of the court was delivered by: Christopher C. Conner United States District Judge

: (Judge Conner)

ORDER

AND NOW, this 30th day of November, 2010, upon consideration of the report of United States Magistrate Judge Martin C. Carlson (Doc. 20), recommending that the motion to dismiss filed by defendants Department of Corrections and Mariosa Lamas (Doc. 14) be granted, and, following an independent review of the record and noting that plaintiff Michael Evans filed objections*fn1 to the report on October 28, 2010 (Doc. 25), 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 and recommendation of the magistrate judge (Doc. 20) is ADOPTED. 2. The motion to dismiss filed by Defendants Department of Corrections and Mariosa Lamas is hereby GRANTED. Leave to amend is DENIED as futile. 3. The Clerk of Court is directed to CLOSE this case.

Christopher C. Conner


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