Milberry v. Brown

Full title: ALVENO MILBERRY, Plaintiff, v. P.B.P.P. MS. BROWN, DOC CHARLES J. WHITE…

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

Date published: Feb 5, 2007

Civil Action No. 05-1158 (W.D. Pa. Feb. 5, 2007)

Opinion

Civil Action No. 05-1158.

February 5, 2007

ORDER

TERRENCE McVERRY, District Judge

The above captioned case was transferred from the United States Court for Middle District of Pennsylvania on August 19, 2005. It 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 Rules 72.1.3 and 72.1.4 of the Local Rules for Magistrate Judges.

The Magistrate Judge's Report and Recommendation (doc. no. 19), filed on January 11, 2007, recommended that Plaintiff's Complaint (doc. no. 3) be dismissed in accordance with the Prison Litigation Reform Act, 28 U.S.C. § 1915(e)(2)(B)(ii) and/or 28 U.S.C. § 1915A for failure to state a claim upon which relief can be granted. The Plaintiff was served at the State Correctional Institution at Houtzdale and was advised he were allowed ten (10) days from the date of service to file written objections to the report and recommendation. No objections have been filed. After review of the pleadings and documents in the case, together with the report and recommendation, the following order is entered:

AND NOW, this 5^th day of February, 2007;

IT IS HEREBY ORDERED that Plaintiff's Complaint (doc. no. 3) is DISMISSED in accordance with the Prison Litigation Reform Act, 28 U.S.C. § 1915(e)(2)(B)(ii) and/or 28 U.S.C. § 1915A for failure to state a claim upon which relief can be granted.

IT IS FURTHER ORDERED that the Report and Recommendation (doc. no. 19) of Magistrate Judge Lenihan, dated January 11, 2007, is adopted as the opinion of the court.

IT IS FURTHER ORDERED that the Clerk of Court mark this case CLOSED.