January 17, 2014
THORNE THOMAS, Plaintiff,
SGT. WAUGH; C/O BRUBAKER, Defendant.
MAUREEN P. KELLY, Magistrate Judge.
AND NOW, this 17th day of January, 2014, after the Plaintiff, Thorne Thomas, filed an action in the above-captioned case, and after Defendant, Brubaker filed a Motion to Dismiss, ECF No. 25, and after a Report and Recommendation was filed by the United States Magistrate Judge giving the parties until December 30, 2013, to file written objections thereto, and no objections having been filed, and upon independent review of the record, and upon consideration of the Magistrate Judge's Report and Recommendation, which is adopted as the opinion of this Court,
IT IS HEREBY ORDERED that the Motion to Dismiss submitted on behalf of Defendant Brubaker, ECF No. 25, is DENIED.
IT IS FURTHER ORDERED that, pursuant to Rule 4(a)(1) of the Federal Rules of Appellate Procedure, if any party wishes to appeal from this Order a notice of appeal, as provided in Fed. R. App. P. 3, must be filed with the Clerk of Court, United States District Court, at 700 Grant Street, Room 3110, Pittsburgh, PA 15219, within thirty (30) days.