Opinion
Civil Action No. 12-979
03-14-2013
ROBERT W. SIMMONS, Plaintiff, v. CO ERJAVIC; ET AL., Defendants.
District Judge Nora Barry Fischer
MEMORANDUM ORDER
The above captioned case was initiated by the filing of a motion to proceed in forma pauperis (ECF No. 1) on July 12, 2013, and was referred to a United States Magistrate Judge for pretrial proceedings in accordance with the Magistrate Judges Act, 28 U.S.C. § 636(b)(1), and the local rules of court.
On February 19, 2013, the Magistrate Judge filed a Report and Recommendation (ECF No. 12) recommending that the Complaint be dismissed with prejudice in accordance with the screening provisions promulgated in the Prison Litigation Reform Act, 28 U.S.C. § 1915(e)(2)(B)(ii), 28 U.S.C. § 1915A and 28 U.S.C. § 1997e(e) for failure to state a claim upon which relief can be granted. Plaintiff was served with the Report and Recommendation at his listed address and was advised that he had fourteen days to file written objections to the Report and Recommendation. No objections have been filed.
After de novo review of the pleadings and documents in this case, together with the Report and Recommendation, the following order is entered:
AND NOW, this 14th day of March, 2013;
IT IS ORDERED that the Complaint is DISMISSED with prejudice in accordance with the screening provisions promulgated in the Prison Litigation Reform Act, 28 U.S.C. § 1915(e)(2)(B)(ii), 28 U.S.C. § 1915A and 28 U.S.C. § 1997e(e) for failure to state a claim upon which relief can be granted and it would be futile to allow Plaintiff the opportunity to amend.
IT IS FURTHER ORDERED that the Report and Recommendation (ECF. No. 12) dated February 19, 2013, is ADOPTED as the Opinion of the Court.
IT IS FURTHER 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 a 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: Robert Simmons
EP-6151
SCI Somerset
1600 Walters Mill Road
Somerset, PA 15510-0001