United States District Court, W.D. Pennsylvania
December 20, 2005.
ANTHONY RAY THOMPSON, Plaintiff,
TAMMARA BERNSTEIN and J. KASABACK, 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 29, 2005, docket no. 2, recommending that the complaint
be dismissed for failure to state a federal claim,
28 U.S.C. § 1915(e) (2) (B), without prejudice to plaintiff pursuing any
state law claims in the Court of Common Pleas of Cambria County.
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 filed miscellaneous
papers which could be construed as objections, but which do not
contain any reason not to adopt the Report and Recommendation.
After de novo review of the record, the Report and
Recommendation, and plaintiff's responses thereto, the following
order is entered: AND NOW, this 20th day of December, 2005, it is ORDERED
that plaintiff's complaint is dismissed for failure to state a
federal claim. Plaintiff may file any complaint he wishes
containing state law claims in the appropriate state court. The
Report and Recommendation is adopted as the opinion of the Court.
The Clerk shall mark this matter closed.
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