The opinion of the court was delivered by: District Judge Joy Flowers Conti
The above captioned case was initiated by the filing of a motion to proceed in forma pauperis (ECF No. 1) on November 12, 2010, and 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 the local rules for Magistrate Judges.
On December 21, 2010, the Magistrate Judge filed a report and recommendation that the 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 (ECF No. 18). Plaintiff filed several objections to the report and recommendation (ECF Nos. 19, 20, 21, 23, 24 and 26). 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:
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 (ECF. No. 18) dated December 21, 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.
Joy Flowers Conti United States District Judge
John M. Humphries #40729 Allegheny County Jail 950 Second Avenue Pittsburgh, PA 15219
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