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Joseph Clifford Malcomb v. Craig Mckean

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


December 19, 2011

JOSEPH CLIFFORD MALCOMB,
PLAINTIFF,
v.
CRAIG MCKEAN, PENNSYLVANIA STATE POLICE; AND JOSHUA THOMAS, PENNSYLVANIA STATE POLICE,
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 for Leave to Proceed In Forma Pauperis (ECF No. 1) on August 23, 2011, 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 of court.

On November 23, 2011, the Magistrate Judge filed a Report and Recommendation (ECF No. 14) recommending that the Complaint filed by Joseph Clifford Malcomb be dismissed with prejudice under 28 U.S.C. 1915A. Plaintiff was served with the Report and Recommendation at his listed address and was advised that he had until December 12, 2011 to file written objections to the Report and Recommendation. No objections have been filed.

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

IT IS HEREBY ORDERED that the Complaint is DISMISSED with prejudice under 28 U.S.C. § 1915A and it would be futile to allow Plaintiff the opportunity to amend.

IT IS FURTHER ORDERED that the Report and Recommendation (ECF. No. 14) dated November 23, 2011, 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.

By the Court:

Arthur J. Schwab United States District Judge

cc:

Joseph Clifford Malcomb, BW3347 SCI-Greensburg 165 S.C.I. Lane Greensburg, PA 15601

20111219

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