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Victor Lloyd Mitchell v. Dauphin County Commissioners

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


August 9, 2011

VICTOR LLOYD MITCHELL, PLAINTIFF
v.
DAUPHIN COUNTY COMMISSIONERS, ET AL., DEFENDANT

The opinion of the court was delivered by: (Chief Judge Kane)

ORDER

THE BACKGROUND OF THIS ORDER IS AS FOLLOWS:

Plaintiff, an inmate at the Dauphin County prison, filed a civil rights action pursuant to 42 U.S.C. § 1983, on June 29, 2011. (Doc. No. 1.) On that same day, Plaintiff also filed a motion for leave to proceed in forma pauperis. (Doc. No. 2.) The matter was referred to Magistrate Judge Blewitt who conducted a screening of the complaint pursuant to the Prison Litigation Reform Act of 1995, 28 U.S.C. § 1915. Magistrate Judge Blewitt issued a report and recommendation on July 18, 2011, recommending that the matter be dismissed without prejudice for Plaintiff's admitted failure to exhaust his administrative remedies. (Doc. No. 8.) Rather than filing objections, Plaintiff has filed a motion for a court order to transport Plaintiff to the United States District Court for the purpose of Plaintiff disclosing evidence relevant to his complaint to both Defendants and the Court. (Doc. No. 10.)

ACCORDINGLY, on this 9th day of August 2011, IT IS HEREBY ORDERED THAT Magistrate Judge Blewitt's report and recommendation (Doc. No. 8) is ADOPTED. Plaintiff's complaint (Doc. No. 1) is DISMISSED WITHOUT PREJUDICE to his right to refile after he has exhausted his administrative remedies. Plaintiff's motion for a court order to transport Plaintiff to the United States District Court (Doc. No. 10) is DENIED as moot. The clerk of court is directed to close the case.

Yvette Kane United States District Judge Middle District of Pennsylvania

20110809

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