GESSNER v. NIXON et al
Filing
26
MEMORANDUM ORDER: AND NOW, this 2nd Day of July, 2013; IT IS ORDERED that Plaintiff's motion for an emergency hearing 15 , which we construe as a motion for a temporary restraining order, shall be, and hereby is, DENIED. IT IS FURTHER ORDERE D that Plaintiff's motion to be transferred out of SCI-Muncy 20 shall be, and hereby is, DENIED. The Report and Recommendation of Magistrate Judge Baxter, filed on June 12, 2013 24 , is adopted as the opinion of this Court. Signed by Chief Judge Sean J. McLaughlin on 7/2/2013. (kas)
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IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
AMANDA GESSNER,
Plaintiff,
v.
LT. NIXON, et al.,
Defendants.
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Case No. 1:13-cv-22-SJM-SPB
MEMORANDUM ORDER
Plaintiff’s civil rights complaint was received by the Clerk of Court on January 22,
2013 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 Rules 72.1.3 and 72.1.4 of the Local Rules for Magistrates. The
Magistrate Judge's Report and Recommendation, filed on June 12, 2013 [24],
recommends that Plaintiff’s motion for an emergency hearing [15] (construed by the
Magistrate Judge as a motion for temporary restraining order) be denied and that
Plaintiff’s motion for a transfer out of SCI-Muncy [20] also be denied.
Plaintiff was allowed fourteen (14) days from the date of service in which to file
objections. Service was made on Plaintiff by certified mail at SCI-Muncy, where she is
incarcerated. No objections to the Report and Recommendation have been filed to
date. After de novo review of the complaint and documents in the case, together with
the Report and Recommendation, the following order is entered:
Page 1 of 2
AND NOW, this 2nd Day of July, 2013;
IT IS ORDERED that Plaintiff’s motion for an emergency hearing [15], which we
construe as a motion for a temporary restraining order, shall be, and hereby is,
DENIED.
IT IS FURTHER ORDERED that Plaintiff’s motion to be transferred out of SCIMuncy [20] shall be, and hereby is, DENIED.
The Report and Recommendation of Magistrate Judge Baxter, filed on June 12,
2013 [24], is adopted as the opinion of this Court.
s/
Sean J. McLaughlin
SEAN J. McLAUGHLIN
Chief United States District Judge
cm:
Amanda Gessner
OP4902
SCI Muncy
P.O. Box 180
Muncy, PA 17756
Mary Lynch Friedline, Esq.
Office of the Pennsylvania Attorney General
Fifth Floor, Manor Complex
564 Forbes Avenue
Pittsburgh, PA 15219
U.S. Magistrate Judge Susan Paradise Baxter
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