O'BRIEN et al v. BUTLER COUNTY PRISON et al
Filing
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MEMORANDUM ORDER. It is hereby ORDERED that 2 Motion to Dismiss is GRANTED. It is further ORDERED that 7 Report and Recommendation is ADOPTED as the Opinion of the Court. It is further ORDERED that the Clerk of Court mark this case CLOSED. Signed by Judge Mark R. Hornak on 7/25/13. (bdb)
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IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYL VANIA
CHRISTOPHER O'BRIEN,
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Plaintiff,
v.
BUTLER COUNTY PRISON;
PROPRIETORS OF BUTLER COUNTY
PRISON; BUTLER COUNTY; WARDEN
RICK SHAFFER (individual capacity),
Defendants.
Civil Action No.2: 13-cv-0299
District Judge Mark R. Hornak
Magistrate Judge Cynthia Reed
Eddy
MEMORANDUM ORDER
On January 31, 2013, Plaintiff, Christopher O'Brien, a former inmate of the Butler
County Prison, filed the instant civil rights complaint in the Court of Common Pleas of Butler
County alleging that Defendants had violated his constitutional rights under the First, Fourth,
Fifth, Eighth, and Fourteenth Amendments to the United States Constitution. Plaintiff also
alleges that Defendants have violated the "Religious Freedom Act."
On March 1,2013, Defendants timely removed the case to the United States District
Court for the Western District of Pennsylvania.
On June 24, 2013, the Magistrate Judge filed a Report and Recommendation (ECF No.7)
recommending that the Motion to Dismiss filed by Butler County Prison, the Proprietors of
Butler County Prison, Butler County and Warden Rick Shaffer be granted. Plaintiff was served
with the Report and Recommendation at his listed address and was advised that he had until July
11,2013 to file written objections to the Report and Recommendation. To date, no objections
have been filed.
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After de novo review of the pleadings and documents in this case, together with the
Report and Recommendation, the following order is entered:
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AND NOW, this ~ day of July, 2013;
IT IS HEREBY ORDERED that the Motion to Dismiss filed by Defendants (Butler
County Prison, the Proprietors of Butler County Prison, Butler County and Warden Rick Shaffer
ECF No.2) is GRANTED.
IT IS FURTHER ORDERED that the Report and Recommendation (ECF. No.7) dated
June 24, 2013, is ADOPTED as the Opinion ofthe Court.
IT IS FURTHER ORDERED that the Clerk of Court mark this case CLOSED.
AND IT IS FURTHER ORDERED that pursuant to Rule 4(a)(1) of the Federal Rules
of Appellate Procedure, Plaintiff has thirty (30) days to file a notice of appeal as provided by
Rule 3 of the Federal Rules of Appellate Procedure.
United States District Judge
cc:
CHRISTOPHER O'BRlEN
134 South Rebecca Street
Saxonburg, PA 16056
Marie Milie Jones
JonesPassodelis, PLLC
Email: mjones@jonespassodelis.com
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