Opinion
Civil Action No. 10-1334, Re: ECF No. 9.
January 28, 2011
MEMORANDUM ORDER
Plaintiffs' Complaint was filed by the Clerk of Court on October 13, 2010 and was referred to a United States Magistrate Judge in accordance with the Magistrate Judge's Act, 28 U.S.C. § 636(b)(1), and Rules 72.C and 72.D of the Local Rules for the Western District of Pennsylvania.
The Magistrate Judge's Report and Recommendation (ECF No. 9) filed on January 10, 2011, recommended that the Complaint filed at Civil Action No. 10-1334 be dismissed with prejudice pursuant to 28 U.S.C. § 1915(e)(2)(B)(i) and (ii). Service was made on Plaintiff, pro se. Service of the Complaint on Defendants has not yet been effectuated. Plaintiffs were informed that in accordance with the Magistrate Judge's Act, 28 U.S.C. § 636(b)(1)(B) and (C), Federal Rule of Civil Procedure 72(b)(2), and Rule 72.D.2 of the Local Rules, that they had fourteen (14) days from the date of service to file Objections to the Magistrate Judge's Report and Recommendation. Plaintiffs filed Objections (ECF No. 10) to the Report and Recommendation. After review of the pleadings and the documents in the case, together with the Report and Recommendation and the Objections thereto, the following order is entered: AND NOW, this 28 day of January, 2011;
IT IS HEREBY ORDERED that the Complaint filed at Civil Action No. 10-1334 be dismissed with prejudice pursuant to 28 U.S.C. § 1915(e)(2)(B)(i) and (ii).
IT IS FURTHER ORDERED that the Report and Recommendation (ECF No. 9) of Magistrate Judge Lenihan, dated January 10, 2011, is adopted as the Opinion of the court.