IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA
August 14, 2008
LARRY MILLER, PLAINTIFF
WESTMORELAND COUNTY DISTRICT ATTORNEY'S OFFICE; HON JUDGE RICHARD MCCORMICK; HON. JUDGE JOHN E. BLAHOVEC, DEFENDANTS
The opinion of the court was delivered by: Judge Nora Barry Fischer
Magistrate Judge Amy Reynolds Hay
AND NOW, this14th day of August, 2008, after the Plaintiff, Larry Miller, filed an action in the above-captioned case, and after a Report and Recommendation was filed by the United States Magistrate Judge giving the plaintiff until August 1, 2008 to file written objections thereto, and no objections having been filed, and upon independent review of the record, and upon consideration of the Magistrate Judge's Report and Recommendation, which is adopted as the opinion of this Court,
IT IS HEREBY ORDERED that the complaint is dismissed before service, pursuant to the authority granted courts by the Prison Litigation Reform Act (PLRA), for failure to state a claim upon which relief can be granted.
IT IS FURTHER ORDERED that, pursuant to Rule 4(a)(1) of the Federal Rules of Appellate Procedure, if the parties desire to appeal from this Order they must do so within thirty (30) days by filing a notice of appeal as provided in Rule 3, Fed.R.App.P.
NORA BARRY FISCHER United States District Judge
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