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Kenneth Malik Miller v. R.M. Lawler

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


September 18, 2012

KENNETH MALIK MILLER,
PLAINTIFF
v.
R.M. LAWLER, SUPERINTENDENT, ET AL., DEFENDANTS

The opinion of the court was delivered by: Judge Conner

ORDER

AND NOW, this 18th day of September, 2012, upon consideration of the Report and Recommendation of Magistrate Judge Malachy E. Mannion (Doc. 84) recommending that (1) defendant Riscigno's motion to dismiss be granted and (2) the Corrections Defendants' motion for summary judgment be granted, and, following an independent review of the record and noting that plaintiff filed objections*fn1 to the report on May 3, 2012 (Doc. 90), and the court finding Judge Mannion's analysis to be thorough and well- reasoned, and the court finding plaintiff's objections to be without merit and squarely addressed by Judge Mannion's Report (Doc. 84), it is hereby ORDERED that:

1. The Report and Recommendation (Doc. 84) of Magistrate Judge Mannion are ADOPTED.

2. Defendant Riscigno's motion to dismiss (Doc. 42) is GRANTED.

3. Corrections Defendants' motion for summary judgment (Doc. 47) is GRANTED. The Clerk of Court is directed to enter JUDGMENT in favor of defendants and against plaintiff.

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

CHRISTOPHER C. CONNER United States District Judge


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