United States District Court, W.D. Pennsylvania
March 31, 2014
CHARLES L. KIETZ, Plaintiff,
WASHINGTON COUNTY, PENNSYLVANIA, et al., Defendants.
DAVID STEWART CERCONE, District Judge.
AND NOW, this 28th day of March, 2014, after the Plaintiff, Charles L. Kietz, filed an action in the above-captioned case, and after a Report and Recommendation (ECF No. 30) was filed by the United States Magistrate Judge giving the parties until March 10, 2014, to file written objections thereto, and then granting an extension until March 25, 2010, for objections to be received by the Court, and the Plaintiffs objections having been received on March 27, 2014, 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, and the objections thereto, which the Court has considered despite their untimeliness,
IT IS HEREBY ORDERED that for the reasons set forth in that Report and
Recommendation, the Motion to Dismiss (ECF No.9), that was converted into a Motion for Summary Judgment, is GRANTED and judgment will be entered in favor of Defendants McGavitt, Washington County, and the Washington County Prison Board.
IT IS FURTHER ORDERED that for the reasons set forth in the Report and Recommendation, Defendants John/Jane Does #1-#5, Dr. Matthew Eisley and Dr. John Six are granted summary judgment sua sponte because Plaintiff's reasons for why the Court should not do so, which he set forth in his objections, do not undermine the Magistrate's recommendation.
IT IS FURTHER ORDERED that the Motion to Dismiss filed by Drs. Eisley and Six is DENIED as moot.
IT IS FURTHER ORDERED that the Clerk is to mark this case CLOSED.
AND 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 then 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.