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Wesley v. Finley

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


November 16, 2010

DANIEL WESLEY, PLAINTIFF,
v.
BOBBY FINLEY, OWNER OF PHASES II DEFENDANT.

The opinion of the court was delivered by: Joy Flowers Conti United States District Judge

District Judge Joy Flowers Conti

MEMORANDUM ORDER

The above captioned case was initiated on September 9, 2010, by the filing of a motion to proceed in forma pauperis accompanied by a civil rights complaint (ECF No. 1). The case was referred to a United States Magistrate Judge for pretrial proceedings in accordance with the Magistrate Judges Act, 28 U.S.C. § 636(b)(1), and Rule 72.C.2 of the Local Rules.

The magistrate judge's report and recommendation (ECF No. 6) filed on October 28, 2010, recommended that the complaint be dismissed with prejudice in accordance with the directives of the Prison Litigation Reform Act under 28 U.S.C. § 1915(e)(2)(B) for failure to state a claim upon which relief may be granted under 42 U.S.C. § 1983. Plaintiff filed objections on November 2, 2010 (ECF No. 7). Plaintiff's objections do not address the deficiencies noted by the magistrate judge and do not undermine the recommendation of the magistrate judge.

After a 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 16th day of November, 2010;

IT IS HEREBY ORDERED that the complaint is DISMISSED with prejudice in accordance with the directives of the Prison Litigation Reform Act under 28 U.S.C. § 1915(e)(2)(B) for failure to state a claim upon which relief may be granted under 42 U.S.C. § 1983.

IT IS FURTHER ORDERED that the report and recommendation (ECF No. 6) dated October 22, 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.

20101116

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