United States District Court, W.D. Pennsylvania
October 24, 2005.
PRESTON CATCHINGS, Plaintiff,
LT. STATES, et al., Defendants.
The opinion of the court was delivered by: SEAN McLAUGHLIN, District Judge
This civil rights action was received by the Clerk of Court on
November 19, 2004, and 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 Magistrates.
The Magistrate Judge's Report and Recommendation [Doc. No. 16],
filed on September 30, 2005, recommended that Defendant's motion
for summary judgment [Doc. No. 12] be granted, and that the
remainder of the action be dismissed pursuant to
28 U.S.C. §§ 1915(e)(2), 1915A, and 42 U.S.C. § 1997e(c) due to Plaintiff's
failure to state a claim. The parties were allowed ten (10) days
from the date of service to file objections. Service was made on
Plaintiff by certified mail and on Defendants. No objections were
filed. After de novo review of the motion and documents in
the case, together with the Report and Recommendation, the
following order is entered:
AND NOW, this 24th day of October, 2005;
IT IS HEREBY ORDERED that the Defendant's motion for summary
judgment [Doc. No. 12] is GRANTED; and that the remainder of the
action is dismissed pursuant to 28 U.S.C. §§ 1915(e)(2), 1915A,
and 42 U.S.C. § 1997e(c) for failure to state a claim.
The Report and Recommendation [Doc. No. 16] of Magistrate Judge
Baxter, filed on September 30, 2005, is adopted as the opinion of
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