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)