Opinion
2:11cv462
01-06-2012
Electronic Mail
District Judge David S. Cercone
Judge Cercone
Magistrate Judge Eddy
MEMORANDUM ORDER
On April 6, 2011, the above captioned case was initiated by the filing of a Motion for Leave to Proceed in forma pauperis and was referred to a United States Magistrate Judge for pretrial proceedings in accordance with the Magistrate Judges Act, 28 U.S.C, § 636(b)(1), and the Local Rules for Magistrate Judges.
The Magistrate Judge's Report and Recommendation filed on December 15, 2011, (ECF No. 8) recommended that the Complaint be dismissed with prejudice in accordance with the screening provisions promulgated in the Prison Litigation Reform Act, 28 U.S.C. § 1915(e)(2)(B)(ii), 28 U.S.C. § 1915A and 28 U.S.C. § 1997e(e) for failure to state a claim upon which relief can be granted. Plaintiff was served with the Report and Recommendation at his listed address, and was advised that he had until January 3, 2012, to file written objections to the Report and Recommendation. No objections have been filed.
After de novo review of the pleadings and documents in this case, together with the Report and Recommendation, the following order is entered:
AND NOW, this 6th day of January, 2012;
IT IS HEREBY ORDERED that the Complaint is DISMISSED with prejudice in accordance with the screening provisions promulgated in the Prison Litigation Reform Act, 28 U.S.C. § 1915(e)(2)(B)(ii), 28 U.S.C. § 1915A and 28 U.S.C. § 1997e(e) for failure to state a claim upon which relief can be granted.
IT IS FURTHER ORDERED that the Report and Recommendation (ECF. No. 8) dated December 15,2011, is ADOPTED as the Opinion of the Court.
IT IS FURTHER ORDERED that the Clerk of Court mark this case CLOSED.
AND IT IS FURTHER ORDERED that pursuant to Rule 4(a)(1) of the Federal Rules of Appellate Procedure, Plaintiff has thirty (30) days to file a notice of appeal as provided by Rule 3 of the Federal Rules of Appellate Procedure.
_________________________
David Stewart Cercone
United States District Judge
cc: Cornelius Carter
202 Stephanie Drive
Eastern, PA 18045
(Via First Class Mail)