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Parks v. Luzerne County Correctional Facility

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF PENNSYLVANIA


December 22, 2005

RICHARD ALLEN PARKS, PLAINTIFF
v.
LUZERNE COUNTY CORRECTIONAL FACILITY, ET AL., DEFENDANTS

The opinion of the court was delivered by: Judge Kosik

MEMORANDUM AND ORDER

NOW, this 22nd day of December, 2005, IT APPEARING TO THE COURT THAT:

(1) Plaintiff, Richard Allen Parks, an inmate confined at the Luzerne County Correctional Facility, filed the instant civil rights action pursuant to 42 U.S.C. §1983 on October 5, 2005;

(2) The matter was assigned to Magistrate Judge Thomas M. Blewitt;

(3) On November 30, 2005, the Magistrate Judge filed a Report and Recommendation in which he recommended that the action be dismissed for failure to state a claim under the Eighth Amendment and because Luzerne County Correctional Facility was not a person for purposes of 1983;

(4) Specifically, the Magistrate Judge found that the plaintiff failed to state a cognizable Eighth Amendment deliberate indifference claim and conditions of confinement claim. Moreover, the Magistrate Judge found that the Luzerne County Correctional Facility was not a proper party defendant;

(5) No objections were filed to the Magistrate Judge's Report and Recommendation; AND, IT FURTHER APPEARING THAT:

(6) If no objections are filed to a Magistrate Judge's Report and Recommendation, the plaintiff is not statutorily entitled to a de novo review of his claims. 28 U.S.C.A.§636(b)(1)(C); Thomas v. Arn, 474 U.S. 140, 150-53 (1985). Nonetheless, the usual practice of the district court is to give "reasoned consideration" to a Magistrate Judge's report prior to adopting it. Henderson v. Carlson, 812 F.2d 874, 878 (3d Cir. 1987).

(7) Having considered th Magistrate Judge's Report, we agree with the recommendation;

ACCORDINGLY, IT IS HEREBY ORDERED THAT:

(1) The Report and Recommendation of Magistrate Judge Thomas M. Blewitt dated November 30, 2005 (Document 9) is ADOPTED;

(2) The plaintiff's claims are DISMISSED; and, (3) The Clerk of Court is directed to CLOSE this case and to forward a copy of this Memorandum and Order to the Magistrate Judge.

Edwin M. Kosik United States District Judge

20051222

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