Opinion
Civil Action No. 05-32J.
March 8, 2006
Vincent Thomas AM-7061 SCI Greene Waynesburg, PA.
Christian D. Bareford Office of Attorney General Pittsburgh, PA.
MEMORANDUM ORDER
The above-captioned prisoner civil rights complaint was received by the Clerk of Court on January 19, 2005, and was referred to United States Magistrate Judge Lisa Pupo Lenihan for pretrial proceedings 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. 37), filed on January 18, 2006, recommended that the complaint be dismissed pursuant to the PLRA for failure to state a claim. Service was made on the Petitioner at SCI Greene, 175 Progress Drive, Waynesburg, PA 15370, and on counsel of record for the Defendants. The parties were informed that in accordance with the Magistrates Act, 28 U.S.C. § 636(b) (1) (B) and (C), and Rule 72.1.4(B) of the Local Rules for Magistrates, that they had ten (10) days to file any objections. On January 30, 2006, Plaintiff filed Objections to the magistrate judge's Report and Recommendation. (Doc. No. 38). These objections have been found to be without merit. After review of the pleadings and the documents in the case, together with the Report and Recommendation and Petitioner's Objections, the following order is entered:
AND NOW, this 8th day of March, 2006;
IT IS HEREBY ORDERED that the Petition for Writ of Habeas Corpus is DISMISSED. IT IS FURTHER ORDERED that a certificate of appealability is DENIED. IT IS FURTHER ORDERED that the Report and Recommendation (Doc. No. 37), filed on January 18, 2006 by Magistrate Judge Lenihan, is adopted as the opinion of the court.