United States District Court, W.D. Pennsylvania
August 22, 2005.
JACQUE CLINTON, Plaintiff,
UNITED STATES BUREAU OF PRISONS, and JOSEPH SMITH, Former Warden of USP Lewisburg, Defendants.
The opinion of the court was delivered by: TERRENCE McVERRY, District Judge
The above captioned case was received on December 10, 2004, 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 filed on
August 22, 2005, recommended that, pursuant to the screening
provisions of the PLRA, the complaint be dismissed prior to
service for failure to state a claim upon which relief can be
granted. The Plaintiff was served at USP Leavenworth, P.O. Box
1000, Leavenworth, Kansas 66048-1000. Plaintiff was advised he
was allowed ten (10) days from the date of service to file
written objections to the report and recommendation. No
objections were ever filed. After review of the pleadings and
documents in the case, together with the report and
recommendation, the following order is entered: AND NOW, this 28th day of September, 2005;
IT IS HEREBY ORDERED that Plaintiff's complaint is
DISMISSED prior to service for failure to state a claim upon
which relief can be granted.
IT IS FURTHER ORDERED that the Report and Recommendation of
Magistrate Judge Lenihan, dated August 22, 2005, is adopted as
the opinion of the court.
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