Lopez v. Barry

Full title: DANIEL A. LOPEZ, SR., Plaintiff, v. WARDEN J. BARRY JOHNSON; BERNARD…

Court: United States District Court, W.D. Pennsylvania

Date published: Feb 24, 2011

Civil Action No. 10-1461 (W.D. Pa. Feb. 24, 2011)

Opinion

Civil Action No. 10-1461.

February 24, 2011

MEMORANDUM ORDER

ARTHUR SCHWAB, District Judge

The above captioned case was initiated by the filing of a Motion to Proceed In Forma Pauperis (ECF No. 1) on October 25, 2010, and was referred to United States Magistrate Judge Lisa Pupo Lenihan for pretrial proceedings in accordance with the Magistrate Judges Act, 28 U.S.C. § 636(b)(1), and Rules 72.1.3 and 72.1.4 of the Local Rules for Magistrate Judges.

On January 24, 2011, the magistrate judge filed a Report and Recommendation (ECF No. 28) recommending that the Motion to Dismiss filed by Defendants McQuillan and Bowers (ECF No. 21) be denied and that the Complaint be dismissed with prejudice against Defendant Barry Johnson in accordance with the directives of the Prison Litigation Reform Act under 28 U.S.C. § 1915(e)(2) and/or § 1915A. Plaintiff was served with a copy of the Report and Recommendation at his address of record. No objections have been filed.

After de novo review of the pleadings and documents in the case, together with the Report and Recommendation, the following order is entered:

AND NOW, this 24^th day of February, 2011; IT IS HEREBY ORDERED that the Motion to Dismiss filed by Defendants McQuillan and Bowers (ECF No. 21) is DENIED. IT IS FURTHER ORDERED that the Complaint is DISMISSED WITH PREJUDICE against Defendant Barry Johnson in accordance with the directives of the Prison Litigation Reform Act under 28 U.S.C. § 1915(e)(2) and/or § 1915A.

IT IS FURTHER ORDERED that the Report and Recommendation (ECF. No. 28) is ADOPTED as the Opinion of the Court.

AND IT IS FURTHER ORDERED that this case is remanded back to the magistrate judge for further pretrial proceedings.