BURKETT v. NEWMAN - Document 18
Court Description:
MEMORANDUM ORDER - IT IS HEREBY ORDERED that the Motion to Dismiss filed by Defendant Carol A. Newman (ECF No. 9 ) is GRANTED and Plaintiff's complaint is DISMISSED WITH PREJUDICE. IT IS FURTHER ORDERED that the Report and Recommendation (ECF No. 15 ) of Chief Magistrate Judge Lenihan, dated February 21, 2012, is adopted as the opinion of the Court, and as more fully stated in said Memorandum Order. Signed by Judge Kim R. Gibson on 3/28/2012. (dlg)
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IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
WAYNE PAUL BURKETT,
Plaintiff,
v.
CAROLA. NEWMAN,
Defendant.
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Civ. A. No. 3: 11-cv-37
Judge Kim R. Gibson
Chief Magistrate Judge Lisa Pupo
Lenihan
ECF No.9
MEMORANDUM ORDER
The Complaint in the above captioned case was received by the Clerk of Court
on February 2, 2011, along with a Motion for Leave to Proceed In Forma Pauperis.
That motion was granted and the case was referred to United States Magistrate Judge
Lisa Pupo Lenihan for pretrial proceedings in accordance with the Magistrate Judges
Act, 28 U.S.C. §636(b)(1), and Local Rules of Court 72.C and 72.D.
The Magistrate Judge's Report and Recommendation (ECF No. 15), filed on
February 21, 2012, recommended that the Motion to Dismiss filed by Defendant Carol
A. Newman (ECF No. 9) be granted and the Complaint be dismissed with prejudice.
The parties were informed that in accordance with the Magistrate Judges Act, 28 U.S.C.
§ 636(b)(1)(8) and (C), and Rule 72.D.2 of the Local Rules of Court, that they had
fourteen (14) days to file any objections. On February 28, 2012, Plaintiff filed a motion
for an extension of time (ECF No. 16) until April 24, 2012 to file objections to the Report
and Recommendation "[b]ased upon the complexities and number of issues involved[.]"
The magistrate judge granted in part and denied in part Plaintiffs motion for an
extension of time. See Text Order dated 2/29/12.
Finding that the motion to dismiss
involved a single, non-complex issue, the magistrate judge granted Plaintiff an
extension until March 21, 2012 to file any objections.
/d.
Plaintiff has not filed any
objections as of the date of this Order.
Therefore, after a de novo review of the pleadings and documents in the case,
together with the Report and Recommendation, the following Order is entered:
AND NOW, this
.29+h of March, 2012,
day
IT IS HEREBY ORDERED that the Motion to Dismiss filed by Defendant Carol A.
Newman (ECF No. 9) is GRANTED and Plaintiffs complaint is DISMISSED WITH
PREJUDICE.
IT IS FURTHER ORDERED that the Report and Recommendation (ECF No. 15)
of Chief Magistrate Judge Lenihan, dated February 21, 2012, is adopted as the opinion
of the Court.
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Kim R. Gibson
United States District Judge
cc:
WAYNE PAUL BURKETT
328 Smith Trail
Martinsburg, PA 16662
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