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Timothy Dockery v. Jeffrey Beard

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


September 27, 2011

TIMOTHY DOCKERY, PLAINTIFF,
v.
JEFFREY BEARD, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Terrence F. McVerry United States District Judge

Judge McVerry Magistrate Judge Bissoon

MEMORANDUM ORDER

Timothy Dockery ("Plaintiff") currently is a state inmate incarcerated at the State Correctional Institution at Frackville, Pennsylvania ("SCI-Frackville"). Plaintiff brings this suit pursuant to the Civil Rights Act of 1871, 42 U.S.C § 1983, et seq., against numerous named Defendants. (Doc. 5). Plaintiff filed an amended complaint on August 19, 2009, that incorporates the allegations in the initial complaint. (Doc. 17) This civil action commenced with the receipt of the initial complaint on June 8, 2009. (Doc. 1-2). Plaintiff was granted leave to proceed in forma pauperis ("IFP") on June 9, 2009. This case was referred to United States Magistrate Judge Cathy Bissoon for pretrial proceedings in accordance with the Magistrates Act, 28 U.S.C. § 636(b)(1), and Rules 72.C and 72.D of the Local Rules for Magistrates.

On August 25, 2011, the magistrate judge issued a report and recommendation (Doc. 126), recommending that Defendant Myers's motion for summary judgment (Doc. 113) be granted. She further recommended that Plaintiff's claims against Defendant Williams be dismissed for failure to prosecute. Finally, it was recommended that Defendant Lieutenant Vojacek be dismissed, sua sponte, pursuant to 28 U.S.C. § 1915(e)(2)(B). A copy of the report was mailed to Plaintiff at his address of record, and the parties were allowed until September 8, 2011, to file objections. As of the date of this writing, no objections have been filed.

After de novo review of the pleadings and documents in the case, together with the report and recommendation (Doc. 126), the following ORDER is entered:

AND NOW, this 27th day of September, 2011,

IT IS HEREBY ORDERED that Defendant Myers's motion for summary judgment (Doc. 113) is GRANTED.

IT IS FURTHER ORDERED that Plaintiff's claims against Defendant Williams are DISMISSED, with prejudice.

IT IS FURTHER ORDERED that Plaintiff's claims against Defendant Lieutenant Vojacek are DISMISSED, sua sponte, with prejudice.

IT IS FURTHER ORDERED that the report and recommendation of Magistrate Judge Bissoon (Doc. 126), is adopted as the opinion of this Court.

BY THE COURT:

cc: TIMOTHY DOCKERY BK-8487 SCI Frackville 1111 Altamont Blvd. Frackville, PA 17931 counsel of record

20110927

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