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Shick v. Foradora

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA


October 31, 2007

RUSSELL S. SHICK, PETITIONER,
v.
JUDGE JOHN H. FORADORA; JEFFERSON COUNTY COURT OF COMMON PLEAS; JEFFERSON COUNTY ADULT PROBATION OFFICE; LARRY STRAITIFF, INDIVIDUALLY AND AS DIRECTOR OF JEFFERSON COUNTY ADULT PROBATION; JASON LINGENFELTER, INDIVIDUALLY AND AS AN AGENT OF THE JEFFERSON COUNTY PROBATION DEPARTMENT; JEFFREY D. BURKETT, INDIVIDUALLY AND AS DISTRICT ATTORNEY FOR JEFFERSON COUNTY; GREGORY BAZYLAK,ESQ., INDIVIDUALLY AND AS ASSISTANT PUBLIC DEFENDER OF JEFFERSON COUNTY; WARDEN DAVID RILEY, INDIVIDUALLY AND AS WARDEN OF THE JEFFERSON COUNTY JAIL; WARDEN DANIEL OGDEN, INDIVIDUALLY AND AS WARDEN OF THE JEFFERSON COUNTY JAIL; RESPONDENTS.

The opinion of the court was delivered by: Judge Arthur J. Schwab

Magistrate Judge Lisa Pupo Lenihan

ORDER

The above captioned case was initiated on July 13, 2007 by the filing of a Motion to Proceed In Forma Pauperis (Doc. No. 1) accompanied by a Complaint. It was referred to United States Magistrate Judge Lisa Pupo Lenihan 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 Magistrate Judge's Report and Recommendation (Doc. No. 9), filed on September 24, 2007, recommended that Plaintiff's Complaint (Doc. No. 8) be dismissed in accordance with the Prison Litigation Reform Act, 28 U.S.C. § 1915(e)(2)(B)(ii) and/or 28 U.S.C. § 1915A for failure to state a claim upon which relief can be granted under 42 U.S.C. § 1983. The Plaintiff was served at Jefferson County Prison, 578 Service Center Road, Brookville, PA 15825. After the report was returned, the Court found that Mr. Shick was released on November 16, 2007, without notifying the Court of his change of address. Since the plaintiff never received the report and recommendation and the complaint was never served, no objections to the report have been filed. After review of the pleadings and documents in the case, together with the report and recommendation, the following order is entered:

AND NOW, this 31st day of October, 2007; IT IS HEREBY ORDERED that Plaintiff's Motion to Proceed In Forma Pauperis (Doc. No. 4) is GRANTED.

IT IS FURTHER ORDERED that the Report and Recommendation (Doc. No. 9) of Magistrate Judge Lenihan, dated September 24, 2007, is adopted as the opinion of the court.

Arthur J. Schwab United States District Judge

20071031

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