Smith v. U.S.

Full title: KEVIN SMITH, Plaintiff, v. UNITED STATES OF AMERICA, et al, Defendants

Court: United States District Court, W.D. Pennsylvania

Date published: Jul 25, 2007

C.A. No. 06-139 Erie (W.D. Pa. Jul. 25, 2007)

Opinion

C.A. No. 06-139 Erie.

July 25, 2007

MEMORANDUM ORDER

MAURICE COHILL JR., District Judge

Plaintiff's complaint was received by the Clerk of Court on June 22, 2006, 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 magistr ate judge's report and recommendation, filed on May 18, 2007, recommended that Defendants' Motion to Dismiss, or In the Alternative, for Summary Judgment as to the Eighth Amendment claim against the individual Defendants (Doc. #19) be granted. The parties were allowed ten (10) days from the date of service to file objections. Service was made on Plaintiff by certified mail at FCI McKean, where he is incarcerated, and on Defendants. Objections were filed by Plaintiff on June 7, 2007, with Defendants responding to the objections orally during the telephone status conference held June 29, 2007 before Magistrate Judge Susan Paradise Baxter. After de novo review of the pleadings and documents in the case, together with the report and recommendation and objections thereto, the following order is entered:

AND NOW, this 25^th Day of July, 2007;

IT IS HEREBY ORDERED that Defendants' Motion to Dismiss, or In the Alternative, for Summary Judgment as to the Eighth Amendment claim against the individual Defendants (Doc. #19) is GRANTED. As the only remaining claim in this case is an FTCA claim against the United States of America, all individually named Defendants are DISMISSED and are to be terminated from the docket.

The report and recommendation of Magistrate Judge Baxter, dated May 18, 2007, is adopted as the opinion of the court.