BARNES v. SAUERS
Filing
28
MEMORANDUM ORDER: IT IS HEREBY ORDERED that the 13 Motion to Dismiss for Failure to State a Claim is GRANTED; the 22 Motion to Dismiss filed in response to the Amended Complaint is DISMISSED as moot; adopting 24 Report and Recommendations. Signed by Chief Judge Sean J. McLaughlin on 7/26/2013. (rlh)
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IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
NAQUAN BARNES,
)
)
Plaintiff,
)
)
v.
)
)
SUPERINTENDENT DEBRA SAUERS, )
)
Defendant.
)
Civil Action No. 12-231 Erie
MEMORANDUM ORDER
This civil rights action was received by the Clerk of Court on September 28, 2012
and was referred to United States Magistrate Judge Susan Paradise Baxter for report
and recommendation in accordance with the Magistrates Act, 28 U.S.C. ' 636(b)(1),
and Rule 72 of the Local Rules for Magistrates.
The Magistrate Judge's Report and Recommendation [ECF No. 24], filed on May
21, 2013 recommended that the motion to dismiss the original complaint filed by
Defendant Sauers [ECF No. 13] be granted. It was further recommended that the
motion to dismiss filed by Defendant Sauers [ECF No. 22] in response to the amended
complaint be dismissed as moot. The parties were allowed fourteen (14) days from the
date of service to file objections and Plaintiff filed objections on July 1, 2013 [ECF No.
27]. After de novo review of the documents in the case, together with the Report and
Recommendation and objections thereto, the following order is entered:
AND NOW, this 26th day of July, 2013;
IT IS HEREBY ORDERED that the motion to dismiss the original complaint filed
by Defendant Sauers [ECF No. 13] is GRANTED. It is further ORDERED that the
motion to dismiss filed by Defendant Sauers [ECF No. 22] in response to the amended
complaint is DISMISSED as moot.
1
The Report and Recommendation [ECF No. 24] of Magistrate Judge Baxter, filed
on May 21, 2013 is adopted as the opinion of the Court.
s/
cm:
Sean J. McLaughlin
Chief United States District Judge
All parties of record
Susan Paradise Baxter, U.S. Magistrate Judge
2
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