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ERNEST JAMAL NELSON v. JEFFERY BEARD

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


November 30, 2010

ERNEST JAMAL NELSON, PLAINTIFF
v.
JEFFERY BEARD, RAYMOND LAWLER, DR. P. SHOAF, MARY SHOWALTER, B. CORBIN AND ALAN FOGEL, 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 Malachy E. Mannion (Doc. 30), recommending that the motion to dismiss (Doc. 14) filed by defendants Jeffrey Beard, Raymond Lawler, Mary Showalter, B. Corbin and Alan Fogel be granted, the motion for summary judgment (Doc. 18) filed by defendant Dr. P. Shoaf be granted, and that the motion for preliminary injunction filed by plaintiff Ernest Jamal Nelson (Doc. 26) be denied, and, following an independent review of the record and noting that plaintiff Nelson filed objections*fn1 to the report on October 18, 2010 (Doc. 38), and the court finding Judge Mannion's analysis to be thorough and well-reasoned, and the court finding plaintiff's objections to be without merit and squarely addressed by Judge Mannion's report, it is hereby ORDERED that:

1. The report of Magistrate Judge Mannion (Doc. 30) is ADOPTED.

2. The motion to dismiss (Doc. 14) filed by defendants Jeffrey Beard, Raymond Lawler, Mary Showalter, B. Corbin and Alan Fogel is GRANTED in its entirety.

3. The motion for summary judgment (Doc. 18) filed by defendant Dr. P. Shoaf is GRANTED in its entirety.

4. The Clerk of Court is directed to enter JUDGMENT in favor of all defendants and against plaintiff on all claims.

5. Plaintiff's motion for preliminary injunction (Doc. 26) is DENIED.

5. The Clerk of Court is directed to CLOSE this matter.


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