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Konata Matthews, Plaintiff v. Jeffrey Beard

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


March 27, 2013

KONATA MATTHEWS, PLAINTIFF,
v.
JEFFREY BEARD, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Chief Magistrate Judge Lisa Pupo Lenihan

ORDER

AND NOW, this 27th day of March, 2013; IT IS HEREBY ORDERED that Defendants' Motion to Dismiss (ECF No. 55) is GRANTED.

IT IS FURTHER ORDERED that Plaintiff's claims are dismissed with prejudice. Plaintiff is not permitted to further amend his complaint as it is clear that granting him leave to do so would be futile. See Fletcher-Harlee Corp. v. Pote Concrete Contractors, Inc., 482 F.3d 247, 251 (3d Cir. 2007); see also Alston v. Parker, 363 F.3d 229, 235 (3d Cir. 2004) (asserting that where a complaint is vulnerable to dismissal pursuant to 12(b)(6), the district court must offer the opportunity to amend unless it would be inequitable or futile).

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.

Lisa Pupo Lenihan Chief United States Magistrate Judge

Konata Matthews EL-4568 SCI Houtzdale P.O. Box 1000 Houtzdale, PA 16698 Counsel of Record

cc:

20130327

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