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Johnson v. Inglebread

UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA
Jul 24, 2013
Civil Action No. 13 - 262 (W.D. Pa. Jul. 24, 2013)

Opinion

Civil Action No. 13 - 262

07-24-2013

MICHAEL C. JOHNSON, Plaintiff, v. SGT. INGLEBREAD, et al., Defendants.


District Judge Nora Barry Fischer

Chief Magistrate Judge Lisa Pupo Lenihan


MEMORANDUM ORDER

This case is before the Court on the pending Report and Recommendation filed by Chief Magistrate Judge Lenihan on June 27, 2013. (ECF No. 11.) Judge Lenihan recommended that Plaintiff's Complaint (ECF No. 5) be dismissed for failure to state a claim upon which relief may be granted pursuant to 28 U.S.C. §§ 1915(e)(2)(B)(ii) and 1915A(b)(1), and that such dismissal be with prejudice because granting Plaintiff leave to amend would be futile. Plaintiff was served with the Report and Recommendation and informed that hehad until July 16, 2013, to file written objections. No objections were filed. Therefore, after de novo review of the pleadings and documents in the case, together with the Report and Recommendation, the following order is entered.

IT IS HEREBY ORDERED that Plaintiff's Complaint (ECF No. 5) is dismissed with prejudice for failure to state a claim upon which relief may be granted pursuant to 28 U.S.C. §§ 1915(e)(2)(B)(ii) and 1915A(b)(1).

IT IS FURTHER ORDERED that the Report and Recommendation dated June 27, 2013 (ECF No. 11) is ADOPTED as the opinion of this Court.

IT IS FURHTER 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 i notice of appeal as provided by Rule 3 of the Federal Rules of Appellate Procedure.

By the Court:

_____________

Nora Barry Fischer

United States District Judge
cc: Michael C. Johnson

GC5319

SCI Rockview

PO Box A

Bellefonte, PA 16823

(Via First Class U.S. Postal Mail)


Summaries of

Johnson v. Inglebread

UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA
Jul 24, 2013
Civil Action No. 13 - 262 (W.D. Pa. Jul. 24, 2013)
Case details for

Johnson v. Inglebread

Case Details

Full title:MICHAEL C. JOHNSON, Plaintiff, v. SGT. INGLEBREAD, et al., Defendants.

Court:UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA

Date published: Jul 24, 2013

Citations

Civil Action No. 13 - 262 (W.D. Pa. Jul. 24, 2013)