United States District Court, W.D. Pennsylvania
October 19, 2005.
RUFUS OLIVER, Plaintiff,
STATE CORRECTIONAL INSTITUTION AT HOUTZDALE, et al., Defendants.
The opinion of the court was delivered by: KIM GIBSON, District Judge
The Plaintiff's complaint was received by the Clerk of Court on
July 13, 2004, and was referred to United States Magistrate Judge
Francis X. Caiazza 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
September 23, 2005, recommended that the Defendants' Motion to
Dismiss Complaint be granted and that the Plaintiff's Motion for
Leave to Amend Complaint and Motion to Compel Production of
Documents both be denied. Service was made on the Plaintiff by
First Class United States Mail delivered to the State
Correctional Institution at Houtzdale, Houtzdale, Pennsylvania
were he is incarcerated. No Objections have been filed. After review of the pleadings and documents in the case,
together with the Report and Recommendation, the following ORDER
AND NOW, this 19th day of October, 2005,
IT IS HEREBY ORDERED that the that the Defendants' Motion to
Dismiss Complaint is granted and the clerk is directed to mark
this case closed.
IT IS FURTHER ORDERED that the Plaintiff's Motion for Leave to
Amend Complaint and Motion to Compel Production of Documents are
IT IS FURTHER ORDERED, the Report and Recommendation of
Magistrate Judge Caiazza, (Doc. 14), dated September 23, 2005, is
adopted as the opinion of the court.
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