Thomas v. Pennsylvania Board of Probation Parole

Full title: CURT THOMAS, Plaintiff, v. PENNSYLVANIA BOARD OF PROBATION PAROLE; CYNTHIA…

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

Date published: Jun 22, 2011

2:10cv7 Electronic Mail (W.D. Pa. Jun. 22, 2011)

Opinion

2:10cv7 Electronic Mail.

June 22, 2011

MEMORANDUM ORDER

DAVID CERCONE, District Judge

The above captioned case was initiated by the filing of a motion to proceed in forma pauperis (ECF No. 1) on October 30, 2009, 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 rules 72.C and 72.D of the local rules of court.

On May 17, 2011, the magistrate judge filed a Report and Recommendation (ECF No. 47) recommending that the Motion to Dismiss filed by Defendant Dr. Jin (ECF No. 38) be granted, that the Motion to Dismiss filed by Defendants Marie Balestrieri, Cynthia Daub, Louis Folino, Paul Palya, and the Pennsylvania Board of Probation Parole (ECF No. 40) be granted, and that the Second Amended Complaint be dismissed as to the unserved Defendants under the PLRA. Plaintiff filed Objections to the Report and Recommendation on June 7, 2011 (ECF No. 49). Plaintiff's Objections do not undermine the recommendation of the magistrate judge.

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

AND NOW, this 20^th day of June, 2011,

IT IS HEREBY ORDERED that the Motion to Dismiss filed by Defendant Dr. Jin (ECF No. 38) is GRANTED. IT IS FURTHER ORDERED that the Motion to Dismiss filed by Defendants Marie Balestrieri, Cynthia Daub, Louis Folino, Paul Palya, and the Pennsylvania Board of Probation Parole (ECF No. 40) is GRANTED. IT IS FURTHER ORDERED that the Second Amended Complaint is DISMISSED as to the unserved Defendants under the PLRA.

IT IS FURTHER ORDERED that the Report and Recommendation (ECF. No. 47) dated May 17, 2011, 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.