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Kenneth L. Voneida v. Commonwealth of Pennsylvania

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


March 16, 2012

KENNETH L. VONEIDA,
PLAINTIFF
v.
COMMONWEALTH OF PENNSYLVANIA, GOVERNOR TOM CORBETT, ATTORNEY GENERAL LINDA KELLY, PENNSYLVANIA STATE POLICE COMMISSIONER FRANK NOONAN, DEFENDANTS

The opinion of the court was delivered by: Judge Conner

ORDER

AND NOW, this 16th day of March, 2012, upon consideration of the Report and Recommendation of United States Magistrate Judge J. Andrew Smyser (Doc. 27), recommending that defendants' motion to dismiss the amended complaint (Doc. 16) be granted, and that plaintiff's motion for summary judgment (Doc. 24) be denied, and, following an independent review of the record and noting that plaintiff filed objections*fn1 to the report on March 7, 2012 (Doc. 29), 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. 36), it is hereby ORDERED that:

1. The Report and Recommendation of Magistrate Judge Smyser (Doc. 27) are ADOPTED.

2. Defendants' motion to dismiss the amended complaint (Doc. 16) is GRANTED.

3. Plaintiff's motion for summary judgment (Doc. 24) is DENIED.

4. The Clerk of Court is directed to CLOSE this case.

CHRISTOPHER C. CONNER United States District Judge


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