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Biddings v. Dobbin

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


February 2, 2010

BLAINE OTIS BIDDINGS, PLAINTIFF,
v.
OFFICER JOSHUA DOBBIN, OFFICER KEITH WILLIAMS, AND BORO OF MT. OLIVER, DEFENDANTS.

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

MEMORANDUM ORDER

The above captioned case was initiated by the filing of a Motion to Proceed In Forma Pauperis (doc. no. 1) on September 21, 2009, 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 January 4, 2010 (doc. no.9), recommending that Plaintiff's Complaint 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. Plaintiff was served with the Report and Recommendation and advised that he had fourteen days within which to file objections to the Report and Recommendation. No objections have been filed.

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

AND NOW, this 2nd day of February, 2010;

IT IS HEREBY ORDERED that Plaintiff's Complaint is 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.

IT IS FURTHER ORDERED that the Report and Recommendation (doc. no. 9) of Magistrate Judge Lenihan dated January 4, 2010, 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.

Arthur J. Schwab United States District Judge

20100202

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