Opinion
Civil Action No. 19-399
07-22-2019
DONALD T. SMITH, Plaintiff, v. MARK MANSOUR; MAGISTERIAL DISTRICT COURT NO. 10; WESTMORELAND COUNTY; and CITY OF GREENSBURG, Defendants.
Senior Judge David Stewart Cercone / Magistrate Judge Maureen P. Kelly MEMORANDUM ORDER
Donald T. Smith ("Plaintiff") is a prisoner, currently incarcerated in the Westmoreland County Prison. Plaintiff has submitted for filing a completed form Complaint for Violation of Civil Rights (Prisoner Complaint) (the "Complaint"), claiming that Defendants violated the United States Constitution during the course of his criminal proceedings before Magisterial District Judge Mark Mansour.
The case was referred to Chief Magistrate Judge Maureen Kelly in accordance with the Magistrate Judges Act, 28 U.S.C. § 636(b)(1), and Local Civil Rules 72.C and D, and she issued a Report and Recommendation, ECF No. 7, filed on June 28, 2019, recommending that that case be dismissed for failure to state a claim upon which relief could be granted before the Complaint was served, pursuant to the screening provisions of the Prison Litigation Reform Act. The Report was sent to Plaintiff at his address of record and he was given until July 15, 2019 to file objections. No objections were filed by July 15, 2019.
AND NOW, this 22nd day of July, 2019, after de novo review of the filings in this case together with the Report and Recommendation, IT IS HEREBY ORDERED that the Complaint is dismissed for failure to state a claim upon which relief can be granted. The Report is adopted at the opinion of the Court. The Clerk is to mark the case CLOSED.
/s/_________
David Stewart Cercone
Senior United States District Judge cc: Honorable Maureen P. Kelly
United States Magistrate Judge
Donald T. Smith
Booking #4365-2018
Westmoreland County Prison
3000 South Grande Boulevard
Greensburg, PA 15601
(Via First Class Mail)