IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
March 15, 2011
KENNETH WINSTON ASHFORD,
SHERIFF SHAWN BRADY AND DEPUTY SHERIFF LEAS, DEFENDANTS
The opinion of the court was delivered by: Judge Conner
AND NOW, this 15th day of March, 2011, upon consideration of the Report and Recommendation of the Honorable J. Andrew Smyser (Doc. 44), recommending that plaintiff's motion for summary judgment (Doc. 39) be denied, and, following an independent review of the record and noting that plaintiff filed objections*fn1 to the report on March 1, 2011 (Doc. 45), and the court finding Judge Smyser's analysis to be thorough and well-reasoned, and the court finding plaintiff's objections to be without merit and squarely addressed by Judge Smyser's report, it is hereby ORDERED that:
1. The report and recommendations of Magistrate Judge Smyser (Doc. 44) are ADOPTED.
2. Plaintiff's motion for summary judgment (Doc. 39) is DENIED.
3. This matter is hereby REMANDED to Magistrate Judge Smyser for trial upon consent of the parties. In the absence of consent, the Court shall issue a separate order scheduling this matter for trial.
CHRISTOPHER C. CONNER United States District Judge