Nicholas v. Cross

Full title: EDWARD J. NICHOLAS, Plaintiff, v. MARY CROSS, Magisterial District Judge…

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

Date published: Oct 2, 2006

Civil Action No. 06-201 Erie (W.D. Pa. Oct. 2, 2006)

Opinion

Civil Action No. 06-201 Erie.

October 2, 2006

MEMORANDUM ORDER

SEAN McLAUGHLIN, District Judge

This civil rights action, with a motion to proceed in forma pauperis, was received by the Clerk of Court on September 6, 2006, and was referred to United States Magistrate Judge Susan Paradise Baxter for report and recommendation in accordance with the Magistrates Act, 28 U.S.C. § 636(b)(1), and Rules 72.1.3 and 72.1.4 of the Local Rules for Magistrates.

The Magistrate Judge's Report and Recommendation [Doc. No. 2], filed on September 12, 2006, recommended that Plaintiff's action be dismissed as legally frivolous in accordance with 28 U.S.C. § 1915(d). The parties were allowed ten (10) days from the date of service to file objections. Service was made on Plaintiff by certified mail and on Defendant. No objections were filed. After de novo review of the motion and complaint, together with the Report and Recommendation, the following order is entered:

AND NOW, this 2^nd day of October, 2006;

IT IS HEREBY ORDERED that the this action is DISMISSED as legally frivolous pursuant to 28 U.S.C. § 1915(d).

The Report and Recommendation [Doc. No. 2] of Magistrate Judge Baxter, filed on September 12, 2006, is adopted as the opinion of the Court.