IN THE UNITED STATES DISTRICT COURT 

FOR THE WESTERN DISTRICT OF PENNSYLVANIA 

CHRISTOPHER IRWIN, ) 

Plaintiff, 

v. 

i 

1 Civil Action No. 04-246 Erie 

1 

CHARTIERS TWP. POLICE DEPT., ) 

et al., 1 

Defendants. j 

MEMORANDUM ORDER 

Plaintiff's civil rights complaint was received by the Clerk of Court on 

August 27, 2004 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)(l), and Rules 72.1.3 and 72.1.4 of the Local Rules for Magistrates. 

The magistrate judge's report and recommendation, filed on March 14, 2006, 

recommended that: 

1. the motion to dismiss filed by Defendants Chartiers, 

Raymond, and Horvath [Doc. # 351 be granted and said 

Defendants be dismissed from this action; 

2. Plaintiff's claims against Defendants Nurse Cheryl, Nurse 

Esther, and Nurse Jill be dismissed to the extent they relate 

to incidents that allegedly occurred prior to August 27, 2002, 

as said claims are barred by the applicable statutes of 

limitations; 

3. Plaintiff's claims against Defendants Temas, Hamett, 

Allegheny Count Sheriff, Dr. John, and Dr. Dirskin be 

dismissed in their entirety, as Plaintiff has failed to serve 

said Defendants within 120 days, in accordance with the 

requirements of Rule 4(m) of the Federal Rules of Civil 

Procedure; and 

4. Plaintiff's claims against Defendant Pelzer be dismissed for 

Plaintiff's failure to state a claim upon which relief may 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 SCI Albion, where he is incarcerated, 

and on the Defendants. No objections were filed. After de novo review of the 

Case 1:04-cv-00246-SJM-SPB Document 47 Filed 04/03/06 Page 1 of 2
complaint and documents in the case, together with the report and recommendation, 

the following order is entered: 

AND NOW, this 3rd Day of April, 2006; 

IT IS HEREBY ORDERED that: 

1. the motion to dismiss filed by Defendants Chartiers, 

Raymond, and Horvath [Doc. # 351 be granted and said 

Defendants be dismissed from this action; 

2. Plaintiff's claims against Defendants Nurse Cheryl, Nurse 

Esther, and Nurse Jill be disrnissed to the extent they relate 

to incidents that allegedly occurred prior to August 27, 2002, 

as said claims are barred by the applicable statutes of 

limitations; 

3. Plaintiff's claims against Defendants Temas, Hamett, 

Allegheny Count Sheriff, Dr. John, and Dr. Dirskin be 

dismissed in their entirety, as Plaintiff has failed to serve 

said Defendants within 120 days, in accordance with the 

requirements of Rule 4(m) of the Federal Rules of Civil 

Procedure; and 

4. Plaintiff's claims against Defendant Pelzer be dismissed for 

Plaintiff's failure to state a claim upon which relief may be 

granted. 

The report and recommendation of Magistrate Judge Baxter, dated March 

14, 2006, is adopted as the opinion of this Court. 

cc: all arties of record u.{. Magistrate Judge Baxter 

sl SEAN J. McLAUGHLlN 

Segn J. McLa hlin 

United states 'lflstrict Judge 

Case 1:04-cv-00246-SJM-SPB Document 47 Filed 04/03/06 Page 2 of 2