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Corey Richard Horne v. Thomas Kearney

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


November 22, 2011

COREY RICHARD HORNE, PLAINTIFF
v.
THOMAS KEARNEY, DISTRICT ATTORNEY, YORK COUNTY AND MARY SABOL, WARDEN, YORK COUNTY PRISON, DEFENDANTS

The opinion of the court was delivered by: (Chief Judge Kane)

(Magistrate Judge Blewitt)

ORDER

THE BACKGROUND OF THIS ORDER IS AS FOLLOWS:

Presently pending before the Court is Magistrate Judge Blewitt's Report and Recommendation (Doc. No. 13), recommending that Defendants' motion to dismiss (Doc. No. 9) be granted and that Plaintiff's complaint (Doc. No. 1) be dismissed with prejudice. On November 1, 2011, Plaintiff filed a letter with the Court, which the Court will construe as an objection to Judge Blewitt's recommendations.*fn1 (Doc. No. 14.) In his letter, Plaintiff asserts that Defendants falsely stated in their motion to dismiss "that all Pennsylvania state courts had denied all of the plaintiff[']s request[s] for relief of a disposition as to the legality of the maintained temporary custody of the plaintiff during an appeal period." (Id. at 1.) Plaintiff also attached an "Order," proposing that the above-captioned action be transferred to the Court of Common Pleas of York County. (Id. at 2.) After a de novo consideration of the record and Defendants' motion to dismiss, the Court finds that Plaintiff's objection is without merit.

ACCORDINGLY, on this 22nd day of November 2011, upon review of the record and the applicable law, IT IS HEREBY ORDERED THAT:

1. Plaintiff's objection to the Report and Recommendation (Doc. No. 14) is OVERRULED.

2. Magistrate Judge Blewitt's Report and Recommendation (Doc. No. 13) is ADOPTED.

3. Defendant's motion to dismiss (Doc. No. 9) is GRANTED, and Plaintiff's complaint (Doc. No. 1) is DISMISSED WITH PREJUDICE.

4. The Clerk of Court is directed to close the case.

Yvette Kane, Chief Judge United States District Court Middle District of Pennsylvania


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