Opinion
22-cv-529-NR-MPK
05-01-2023
ANTHONY TUSWEET SMITH, Plaintiff v. PENNSYLVANIA STATE POLICE; JENNIFER ANNE PETERSON-BUCK; LINDA H. BARR; CARSON B. MORRIS; and PENNSYLVANIA ATTORNEY GENERAL, Defendants.
Magistrate Judge Maureen P. Kelly
ORDER
J. NICHOLAS RANJAN, DISTRICT JUDGE
This is a pro se civil rights action filed pursuant to 42 U.S.C. § 1983. It was referred to Magistrate Judge Kelly for proceedings in accordance with the Magistrates Act, 28 U.S.C. § 636(b)(1) and the Local Rules of Court applicable to Magistrate Judges.
Currently before the Court is Judge Kelly's Report & Recommendation (ECF 24) pertaining to Defendants' motion to dismiss (ECF 13). Mr. Smith did not file objections. See ECF 24 (setting April 21, 2023 as the deadline for objections). The Court therefore considers the unchallenged R&R only for clear error. Fed.R.Civ.P. 72(b). After carefully considering Judge Kelly's R&R, the Court discerns no clear error and therefore adopts it as the opinion of the Court.
Defendants' motion to dismiss is hereby GRANTED, and Mr. Smith's claims are hereby DISMISSED without prejudice. The Clerk of Court shall mark this case as CLOSED. Consistent with the R&R, Mr. Smith may file a motion to re-open the case and seek leave to amend his complaint if and when his underlying conviction or sentence is reversed, vacated, or otherwise invalidated. Heck v. Humphrey, 512 U.S. 477, 487 (1994).