United States District Court, W.D. Pennsylvania
November 3, 2005.
MICHAEL LEE MYERS, Plaintiff,
GADDIS, et al., Defendants.
The opinion of the court was delivered by: SEAN McLAUGHLIN, District Judge
This motion for leave to proceed in forma pauperis was
received by the Clerk of Court on October 20, 2005, 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. 2],
filed on October 21, 2005, recommended that the motion be denied
and that the matter be dismissed without prejudice. 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 3rd day of November, 2005;
IT IS HEREBY ORDERED that the Plaintiff's motion for leave to
proceed in forma pauperis [Doc. No. 1] is DENIED, and the
matter is DISMISSED without prejudice.
The Report and Recommendation [Doc. No. 2] of Magistrate Judge
Baxter, filed on October 21, 2005, is adopted as the opinion of
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