United States District Court, W.D. Pennsylvania
September 26, 2005.
IVAN P. LEIDY, Plaintiff,
AMERICAN FAMILY PUBLISHERS; PUBLISHERS CLEARING HOUSE; and UNITED STATES POSTAL SERVICE; Defendants.
The opinion of the court was delivered by: JOY CONTI, District Judge
On August 14, 1998, this case was referred to United States
Magistrate Judge Ila Jeanne Sensenich for pretrial proceedings in
accordance with the Magistrates Act, 28 U.S.C. §§ 636(b)(1)(A)
and (B), and Rules 71.1.3 and 72.1.4 of the Local Rules for
The magistrate judge's report and recommendation, filed on
September 6, 2005, recommended that Plaintiff's request for leave
to proceed in forma pauperis be denied without prejudice and that
the complaint received from him on August 4, 2005 be struck
without prejudice to his right to file a new complaint at a new
civil action number. The parties were allowed ten (10) days from
the date of service to file objections. Service was made on
Plaintiff and on counsel for Defendant. No objections have been
filed. After review of the report and recommendation, the
following order is entered: AND NOW, this 23rd day of September, 2005;
IT IS HEREBY ORDERED that Plaintiff's request for leave to
proceed in forma pauperis is denied without prejudice.
IT IS FURTHER ORDERED that the complaint received from
Plaintiff on August 4, 2005 is struck without prejudice to his
right to file a new complaint at a new civil action number.
The report and recommendation of Magistrate Judge Sensenich,
dated September 6, 2005, is adopted as the opinion of the court.
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