United States District Court, W.D. Pennsylvania
December 23, 2005.
MICHAEL A. COLEMAN, Plaintiff,
JOHN DOE WARD; VIVIAN KING; PHILLIP L. JOHNSON; CAROL SCIRE; TIM COLLINS; CAROL DEWITT; TONYA EDWARDS; KIM BABICH; DIANE DETWILDER; SHERWOOD HUGHES; JOHN DOE STORY; SGT. PETERS; SGT. AUGUSTINO; SGT. ROUNDS; JOHN DOE SCHULP; MARTIN F. HORN; JEFFERY BEARD; TOM BENDER; and WILLIAM BOWMAN, Defendants.
The opinion of the court was delivered by: ARTHUR SCHWAB, District Judge
The above captioned case was received from the Eastern District
of Pennsylvania on December 8, 2003, and was referred to United
States Magistrate Judge Francis X. Caiazza for pretrial
proceedings 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 case was transferred to Magistrate Judge Lisa
Pupo Lenihan on April 12, 2004.
The magistrate judge's Report and Recommendation (Doc. No. 55),
filed on December 2, 2005, recommended that Defendants' Motions
to Dismiss (doc. nos. 37 and 54) be granted and that the
Complaint be dismissed in accordance with the Prison Litigation
Reform Act, 28 U.S.C. §§ 1915A and 1915(e). The Report and
Recommendation was forwarded to Plaintiff at SCI Houtzdale, P.O.
Box 1000, Houtzdale, PA 16698-1000. Plaintiff was advised he was
allowed ten (10) days from the date of service to file written objections to
the report and recommendation. No objections were filed.
Subsequently, the Report and Recommendation was returned to the
District Court with a large RETURN TO SENDER sticker on it. Upon
inquiry, it was determined that the Plaintiff was released from
SCI-Houtzdale on May 27, 2005; however, Plaintiff has not filed
any notice advising the Court of his new address.
After review of the pleadings and documents in the case,
together with the report and recommendation, the following order
AND NOW, this 22nd day of December, 2005;
IT IS HEREBY ORDERED that Defendant's Motions to Dismiss
(doc. nos. 37 and 54) are GRANTED and the Complaint is
DISMISSED in accordance with the Prison Litigation Reform Act,
28 U.S.C. §§ 1915A and 1915(e).
IT IS FURTHER ORDERED that the Report and Recommendation
(Doc. No. 55) of Magistrate Judge Lenihan, dated December 2,
2005, is adopted as the opinion of the court.
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