Summary
dismissing access to courts claim where "Plaintiff merely [made] the bald assertion that he lost his criminal case as a result to this theft of his property'"
Summary of this case from Martin v. WetzelOpinion
Civil Action No. 13-190E
09-05-2014
BRYAN ANGLE, II, Plaintiff, v. EDS SHIRLEY MOORE SMEAL, et al., Defendants.
Magistrate Judge Susan Paradise Baxter
MEMORANDUM ORDER
This case has been referred to United States Magistrate Judge Susan Paradise Baxter for pretrial proceedings in accordance with the Magistrates Act, 28 U.S.C. §§ 636(b)(l)(A) and (B), and Rules 72.C and 72.D of the Local Rules for Magistrates.
On July 31, 2014, the magistrate judge issued a Report (Doc. 26) recommending that Defendants' Motion to Dismiss (Doc. 22) be granted; that, therefore, Plaintiff's Fourteenth Amendment due process claim be dismissed; that Plaintiff's Motion for Change of Venue (Doc. 25) be denied; and that all of Plaintiff's remaining claims be dismissed under 28 U.S.C. § 1915(e)(2). Service of the Report and Recommendation was made on the parties, and Plaintiff has filed objections. See Doc. 27.
After a de novo review of the pleadings and documents in the case, together with the Report and Recommendation and the Objections thereto, the following Order is entered:
Defendants' Motion to Dismiss (Doc. 22) is GRANTED, and, therefore, Plaintiff's Fourteenth Amendment due process claim is DISMISSED; Plaintiff's Motion for Change of Venue (Doc. 25) is DENIED; and all of Plaintiff's remaining claims are DISMISSED under 28 U.S.C. § 1915(e)(2).
The Magistrate Judge's Report and Recommendation dated July 31, 2014 hereby is adopted as the Opinion of the District Court.
IT IS SO ORDERED. September 5, 2014
s\Cathy Bissoon
Cathy Bissoon
United States District Judge
cc (via First-Class U.S. Mail): Bryan Angle, II
HY2333
SCI Forest
Po Box 945
Marienville, PA 16239
cc (via ECF email notification): All counsel of record