United States District Court, W.D. Pennsylvania
December 20, 2005.
REGINALD JOHNSON, Plaintiff,
JEFFREY A. BEARD, SECRETARY, PENNSYLVANIA DEPARTMENT OF CORRECTIONS, SUPERINTENDENT ROZUM, and SERGEANT LUCAS, 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 30, 2005, docket no. 2, recommending that the complaint
be dismissed for failure to state a claim. 28 U.S.C. § 1915(e)
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 filed an Authorization
for payment of the filing fee, docket no. 4, but 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 for failure to
state a claim. The Report and Recommendation is adopted as the
opinion of the Court. The Clerk shall mark this matter closed.
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