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Richard A. Nesmith, et al v. Southern Health Partners

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


February 9, 2012

RICHARD A. NESMITH, ET AL,
PLAINTIFF,
v.
SOUTHERN HEALTH PARTNERS,
DEFENDANTS.

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

Chief Magistrate Judge Lisa Pupo Lenihan

MEMORANDUM ORDER

On March 31, 2011, a motion for leave to proceed in forma pauperis was filed in the above captioned case. (ECF No. 1.) The motion was granted (ECF No. 2) and Plaintiff's Complaint was filed that same day (ECF No. 3). On July 5, 2011, this case was referred to United States Magistrate Judge Lisa Pupo Lenihan for pretrial proceedings in accordance with the Magistrate Judge's Act, 28 U.S.C. § 636(b)(1), and Local Rules 72.C and 72.D.

Defendants filed a motion to dismiss Plaintiff's Complaint on July 5, 2011 (ECF No. 17), and on January 10, 2012, the magistrate judge entered a Report recommending that Defendants' motion be granted (ECF No. 22). Plaintiff was served with the Report at his listed address and was advised that he had until January 27, 2012, to file written objections. No objections were filed to the Report.

After de novo review of the pleadings and documents in the case, together with the Report and Recommendation, the following order is entered.

IT IS HEREBY ORDERED that Defendants' Motion to Dismiss (ECF No. 17) is GRANTED.

IT IS FURTHER ORDERED that the Report and Recommendation (ECF No. 22) dated January 10, 2012, is ADOPTED as the opinion of the Court.

IT IS FURTHER ORDERED that the Clerk of Court mark this case CLOSED.

AND IT IS FURTHER ORDERED that pursuant to Rule 4(a)(1) of the Federal Rules of Appellate Procedure, Plaintiff has thirty (30) days to file a notice of appeal as provided by Rule 3 of the Federal Rules of Appellate Procedure.

BY THE COURT:

Terrence F. McVerry United States District Judge

cc: Richard A. Nesmith OOR Center 6023 Harvard Street Pittsburgh, PA 15206

20120209

© 1992-2012 VersusLaw Inc.



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