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Simmons v. Szelewski

United States District Court, Western District of Pennsylvania

September 22, 2014

AUGUSTUS SIMMONS, Plaintiff,
v.
CAPTAIN SZELEWSKI, et al., Defendants.

MAGISTRATE JUDGE SUSAN PARADISE BAXTER

MEMORANDUM ORDER

CATHY BISSOON JUDGE

This case was referred to United States Magistrate Judge Susan Paradise Baxter for pretrial proceedings in accordance with the Magistrates Act, 28 U.S.C. §§ 636(b)(l)(A) and (B), and Local Rule of Civil Procedure 72.

On August 20, 2014, the Magistrate Judge issued a Report and Recommendation (Doc. 33) recommending that Defendants’ Motion to Dismiss Second Amended Complaint (Doc. 25) be granted in part and denied in part. Specifically, the Report recommended that Defendants’ motion to dismiss Plaintiff’s retaliation claim against Defendant Szelewski be denied and that such claim be allowed to proceed beyond the pleading stage. The Report also recommended that Defendants’ motion to dismiss all other claims be granted and that Defendants Williamson and Silloway be terminated from the case. Service of the Report and Recommendation was made on the parties, and Plaintiff timely filed objections (Doc. 34).

After a 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:

Defendants’ Motion to Dismiss Second Amended Complaint (Doc. 25) is GRANTED IN PART AND DENIED IN PART. Defendants’ motion to dismiss Plaintiff’s retaliation claim against Defendant Szelewski is DENIED and such claim will be allowed to proceed beyond the pleading stage. Defendants’ motion to dismiss all other claims is GRANTED and Defendants Williamson and Silloway will be terminated from the case. The Report and Recommendation of Magistrate Judge Baxter, dated August 20, 2014, is hereby adopted as the opinion of the District Court.

IT IS SO ORDERED.


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