IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA
December 18, 2007
EDDIE HUNTER, PLAINTIFF
WILLIAM SCHOUPPE, WARDEN OF BEAVER COUNTY JAIL, DEFENDANT.
The opinion of the court was delivered by: Judge Joy Flowers Conti
Magistrate Judge Lisa Pupo Lenihan
The above captioned case was initiated by the filing of a Motion to Proceed In Forma Pauperis (doc. no. 1) on September 26, 2006, and was referred to United States Magistrate Judge Lisa Pupo Lenihan for pretrial proceedings in accordance with the Magistrate Judges Act, 28 U.S.C. § 636(b)(1), and Rules 72.1.3 and 72.1.4 of the Local Rules for Magistrate Judges.
Magistrate Judge Lisa Pupo Lenihan filed a Report and Recommendation on November 23, 2007 (doc. no.15), recommending that Defendant's Motion to Dismiss (doc. no. 13) be granted. Plaintiff was served with the Report and Recommendation and advised that he had ten days within which to file objections to the Report and Recommendation. No objections 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 18th day of December, 2007;
IT IS HEREBY ORDERED that Defendant's Motion to Dismiss (doc. no. 13) is GRANTED.
IT IS FURTHER ORDERED that the Report and Recommendation (doc. no. 15) of Magistrate Judge Lenihan dated November 23, 2007, is adopted as the Opinion of the Court.
IT IS FURTHER ORDERED that the Clerk of Court mark this case CLOSED. AND IT IS FURTHER ORDERED that pursuant to Rule 4(a)(1) of the Federal Rules of Appellate Procedure, Plaintiff has thirty (30) days to file a notice of appeal as provided by Rule 3 of the Federal Rules of Appellate Procedure.
Joy Flowers Conti United States District Judge
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