3:06-cv-00214 | W.D. Pa. | May 21, 2008
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
CLIFFORD T. NEWMAN,
Plaintiff, :
V. : CaSe NO. 3:06-CV-214-KRG-KAP
JEFFREY A. BEARD, SECRETARY,
PENNSYLVANIA DEPARTMENT OF
CORRECTIONS, MICHAEL GREEN,
CHAIR OF THE PENNSYLVANIA
BOARD OF PROBATION AND PAROLE,
and DIANE L. DOMBACH, DIRECTOR,
SEXUAL OFFENDERS ASSESSMENT
BOARD,
Defendants
MEMORANDUM ORDER
This matter was referred to Magistrate Judge Keith A.
Pesto for pretrial proceedings in accordance with the Magistrates
Act, 28 U.S.C.§ 636(b)(1), and subsections 3 and 4 of Local Rule
72.1 for Magistrate Judges.
The Magistrate Judge filed a Report and Recommendation
on.April 30, 2008, docket no. 30, recommending that the defendants'
motion to dismiss the amended complaintl docket no. 19, be granted.
The parties were notified that pursuant to 28 U.S.C.§
636(b)(l), they had ten days to file written objections to the
Report and Recommendation. Plaintiff filed timely objectionsl
docket no. 33, which restate the claims made in the complaint.
After de novo review of the record of this matter, the
Report and Recommendation, and the objections theretol the
following order is entered:
14
AND NOW, this __;z_ day of May, 2008, it is
ORDERED that the defendants' motion to dismiss the
amended complaint, docket no. 19, is granted, and the complaint is
dismissed for failure to state a claim. The Report and
Recommendation is adopted as the opinion of the Court. The Clerk
BY THE %COURMMM
KIM R. GIBSON,
UNITED STATES DISTRICT JUDGE
shall mark this matter closed.
Notice by ECF to counsel of record and by U.S. Mail to:
Clifford T. Newman AT-0783
S.C.I. Houtzdale
P.O. BOX 1000
Hou'tzdale, PA 16698-1000