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Timothy Dockery v. Captain Legget; Captain Riskus

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


July 12, 2012

TIMOTHY DOCKERY, PLAINTIFF,
v.
CAPTAIN LEGGET; CAPTAIN RISKUS; LIEUTENANT LESURE; SERGEANT BERTO; SERGEANT BITTNER; JOHNSON, CORRECTIONAL OFFICER; GRIFFIN, CORRECTIONAL OFFICER; COLLINS, CORRECTIONAL OFFICER; DOBIS, CORRECTIONAL OFFICER; RICKET, CORRECTIONAL OFFICER; JENNINGS, CORRECTIONAL OFFICER; ANKRON, CORRECTIONAL OFFICER; VOJACEK, CORRECTIONAL OFFICER; CHRIS MYERS, PHYSICIAN ASSISTANT; NURSE TONY; D.P. BURNS, FORMER DEPUTY SUPERINTENDENT; POPOVICH, UNIT MANAGER; BUSH, SERGEANT, DEFENDANTS.

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

ORDER

The above-captioned pro se prisoner civil rights action was received by the Clerk of Court on June 9, 2009, and was referred to United States Magistrate Judge Maureen P. Kelly for pretrial proceedings in accordance with the Magistrate Judges Act, 28 U.S.C. § 636(b)(1). The Magistrate Judge filed a report, recommending the grant of the Defendants' Motion for Summary Judgment [ECF No. 152] and the denial of Plaintiff's Motions for Summary Judgment [ECF No. 147, 164]. [ECF No. 167]. The Plaintiff was informed that in accordance with the Magistrate Judges Act, 28 U.S.C. § 636(b)(1)(B) and (C), and the local rules, he had a specific period of time in which to file his objection. Plaintiff filed his objections, consisting of 34 single-spaced handwritten pages. [ECF No. 168].

After de novo review of the pleadings and documents in the case, together with the Report and Recommendation and the objections thereto, the following ORDER is entered:

AND NOW, this 6th day July, 2012, IT IS HEREBY ORDERED that the Motion for

Summary Judgment filed by Defendants Leggett, Riskus, Lesure, Berto, Bittner, Ankron, Collins, Dobis, Griffen, Jennings, Johnson, Rickets, Vojacek, Tony, Burns, Bush and Popovich

[ECF No. 152] is GRANTED. The Report and Recommendation of Magistrate Judge Kelly

[ECF No. 168], dated May 22, 2012, is adopted as the opinion of the Court.

Terrence F. McVerry United States District Judge

cc:

Honorable Maureen P. Kelly United States Magistrate Judge All Counsel of Record by electronic filing Timothy Dockery BK-8487 SCI Frackville Frackville, PA 17931

20120712

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