IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
April 20, 2011
KENNETH L. VONEIDA,
KEVIN STOEHR, ET AL., DEFENDANTS
The opinion of the court was delivered by: Judge Conner
AND NOW, this 20th day of April, 2011, upon consideration of the Report and Recommendation of United States Magistrate Judge J. Andrew Smyser (Doc. 7), recommending that the Commonwealth defendants motion to dismiss (Doc. 4) be granted, and, following an independent review of the record and noting that plaintiff filed objections*fn1 to the report on April 13, 2011 (Doc. 8), 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 (Doc. 7), it is hereby ORDERED that:
1. The Report and Recommendation of Magistrate Judge Smyser (Doc. 7) are ADOPTED.
2. The Commonwealth defendants' motion under Rule 12(b)(6) of the Federal Rules of Civil Procedure (Doc. 4) is GRANTED and the Commonwealth defendants are DISMISSED from this action.
3. The above-captioned case is REMANDED to Magistrate Judge Smyser for further proceedings.
CHRISTOPHER C. CONNER United States District Judge