United States District Court, W.D. Pennsylvania
December 19, 2005.
EDWARD CALLOWAY, Plaintiff,
UNITED STATES MARSHALS SERVICE, WARDEN JOHN PREBISH, and SHERIFF BOB KOLAR, Defendants.
The opinion of the court was delivered by: KIM GIBSON, District Judge
This matter was referred to Magistrate Judge Keith A. Pesto for
pretrial proceedings in accordance with the Magistrates Act,
28 U.S.C. § 636 (b) (1), and subsections 3 and 4 of Local Rule 72.1
for Magistrate Judges.
The Magistrate Judge filed a Report and Recommendation on
November 21, 2005, docket no. 2, recommending that the complaint
be dismissed in part for failure to state a claim against
defendants Prebish and Kolar. 28 U.S.C. § 1915 (e) (2) (B).
The plaintiff was notified that, pursuant to 28 U.S.C. § 636
(b) (1), he had ten days to serve and file written objections to
the Report and Recommendation. Plaintiff has not filed
objections, and the time to do so has expired. After review of
the record and the Report and Recommendation, and noting the
absence of timely objections thereto, the following order is
entered: AND NOW, this 19th day of December, 2005, it is
ORDERED that plaintiff's complaint is dismissed as to
defendants Prebish and Kolar for failure to state a claim. The
Report and Recommendation is adopted as the opinion of the Court.
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