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Terry v. City of Pittsburgh

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


April 18, 2008

THOMAS L. TERRY, PLAINTIFF,
v.
CITY OF PITTSBURGH; ROBERT E. COLVILLE; KIMBERKELEY CLARK STEPHEN ZAPPALA, JR.; RONALD WADDY; JAMES MCGREGOR; JAMES HEYL; MARGARET GOLD; HELEN LYNCH; RACHELLE TERRY; AND LAURA BETH FLECK, DEFENDANTS.

The opinion of the court was delivered by: Terrence F. McVerry United States District Judge

District Judge Terrence F. McVerry

MEMORANDUM ORDER

On February 11, 2008, Plaintiff initiated the above-captioned case by filing a Motion to Proceed In Forma Pauperis accompanied by a civil rights Complaint. This case 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.

On April 1, 2008, Magistrate Judge Lisa Pupo Lenihan filed a Report and Recommendation (doc. no. 6), recommending that the Amended Complaint (doc. no. 2) be dismissed under the PLRA for failure to state a claim upon which relief may be granted. On April 8, 2008, Plaintiff filed a second Amended Complaint (doc. no. 7) in which he reiterates the same claims he set forth in his first Amended Complaint. Plaintiff filed Objections to the Report and Recommendation on April 11, 2008 (doc. no. 8). Plaintiff's objections do not undermine the recommendation of the Magistrate Judge.

After de novo review of the pleadings and documents in the case, together with the Report and Recommendation, and the Objections thereto, the following order is entered:

AND NOW, this 18th day of April, 2008;

IT IS HEREBY ORDERED that Plaintiff's Amended Complaint and Second Amended Complaint are DISMISSED under the PLRA for failure to state a claim upon which relief may be granted for the reasons set forth in the April 1, 2008 Report and Recommendation.

IT IS FURTHER ORDERED that the Report and Recommendation (doc. no. 6) of Magistrate Judge Lenihan dated April 1, 2008, 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.

20080418

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