United States District Court, W.D. Pennsylvania
October 14, 2005.
WALTER E. MARTIN, SR., Plaintiff,
OFFICER MACKEL, Defendant.
The opinion of the court was delivered by: SEAN McLAUGHLIN, District Judge
Plaintiff's civil rights complaint was received by the Clerk of
Court on January 24, 2005, and the case was referred to United
States Magistrate Judge Susan Paradise Baxter for report and
recommendation 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
The magistrate judge's report and recommendation, filed on
September 15, 2005, recommended that the Defendant's motion to
dismiss [Doc. # 10] be granted and the complaint be dismissed for
failure to state a claim upon which relief can be granted. The
parties were allowed ten (10) days from the date of service to
file objections. Service was made on Plaintiff by certified mail
at SCI Somerset, Plaintiff's address of record, and on the
Defendant. No objections were filed. After de novo review of
the complaint and documents in the case, together with the report
and recommendation, the following order is entered:
AND NOW, this 14th Day of October, 2005;
IT IS HEREBY ORDERED that the Defendant's motion to dismiss
[Doc. # 10] is GRANTED and the complaint is DISMISSED for failure
to state a claim upon which relief can be granted.
The report and recommendation of Magistrate Judge Baxter, dated
September 15, 2005, is adopted as the opinion of the court.
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