Case Information
*1 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA TERRY KUEHNER, ) Civil Action No. 08 - 1319
) Electronic Filing
Plaintiff, )
) District Judge David S. Cercone v. ) Magistrate Judge Lisa Pupo Lenihan )
PHD JEFFERY BEARD, et al )
)
Defendants. )
MEMORANDUM ORDER
The above captioned case was initiated on September 22, 2008, by the filing of a Motion to Proceed In Forma Pauperis (doc. no. 1) accompanied by a Complaint. It was originally assigned to Magistrate Judge Lisa Pupo Lenihan, but was reassigned to Judge David S. Cercone on April 16, 2009, upon the filing ofan appeal ofa Magistrate Judge ruling. The case was referred back to Magistrate Judge Lisa Pupo Lenihan for pretrial proceedings in accordance with the Magistrates Act, 28 U.S.C. § 636(b)(I), and Rule 72.C.2 of the Local Rules.
The Magistrate Judge's Report and Recommendation (doc. no. 54), filed on November 25, recommended that the Motion to Dismiss filed by the Commonwealth Defendants (doc. no. 24) be granted. It is further recommended that the Motion to Dismiss or for More Definite Statement filed by the Medical Defendants (doc. no. 32) be granted to the extent that seeks a more definite statement of Plaintiffs claims. Plaintiff filed Objections on December 15, (doc. no. 56). After a review of the pleadings and documents in the case, together with the Report and Recommendation and th;!2b j ections thereto, the following order is entered:
5e
AND NOW, this __ day of January, 2010;
*2 IT IS HEREBY ORDERED that the Motion to Dismiss filed by the Commonwealth Defendants (doc. no. 24) is GRANTED.
IT IS FURTHER ORDERED that the Motion to Dismiss or for More Definite Statement filed by the Medical Defendants (doc. no. 32) is GRANTED to the extent that it seeks a more definite statement of Plaintiffs claims; is DENIED to the extent it seeks dismissal of Plaintiffs claims against the Medical Defendants.
IT IS FURTHER ORDERED that the Report and Recommendation (doc. no. 54) of Magistrate Judge Lenihan, dated November 25,2009, is adopted as the Opinion of the Court.
David Stewart Cercone United States District Judge cc: Honorable Lisa Pupo Lenihan
United States Magistrate Judge
Terry Kuehner
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