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Joseph Breeland v. Mark Baker

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


February 23, 2011

JOSEPH BREELAND, PLAINTIFF,
v.
MARK BAKER, DEFENDANT.

The opinion of the court was delivered by: Sean J. McLAUGHLIN United States District Judge

MEMORANDUM JUDGMENT ORDER

Plaintiff's complaint in this civil rights action was received by the Clerk of Court on March 25, 2010 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. On August 20, 2010, Defendant filed a motion to dismiss the complaint [19] and supporting brief [20], to which Plaintiff responded on August 25, 2010 [22]. That same day, Defendant filed a supplemental motion to dismiss [23], which included an attached verification from Melinda Adams, Assistant Superintendent, Grievance Coordinator, and Litigation Coordinator at SCI-Albion. Plaintiff filed supplemental responses on August 31, 2010 [24], November 15, 2010 [32] and January 5, 2011 [41].*fn1

The Magistrate Judge's Report and Recommendation, filed on February 3, 2011 [42], recommends that the Defendants' motion to dismiss [19] be granted. Plaintiff's objections [43] were filed on February 18, 2011. After de novo review of the complaint and documents in the case, together with the Report and Recommendation and Plaintiff's objections thereto, the following order is entered:

AND NOW, this 23rd day of February, 2011;

IT IS ORDERED that the Defendant's motion to dismiss [19] and supplemental motion to dismiss [23] be, and hereby are, GRANTED. Inasmuch as said motions have been treated as motions for summary judgment under Rule 56, IT IS FURTHER ORDERED that JUDGMENT be, and hereby is, entered in favor of the Defendant, Mark Baker, and against Plaintiff, Joseph Breeland.

The Report and Recommendation of Magistrate Judge Baxter, filed on February 3, 2011 [42], is adopted as the opinion of this Court.

cm: All parties of record

U.S. Magistrate Judge Susan Paradise Baxter


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