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Estate of Eubanks v. Harrisburg Police Department

United States District Court, Third Circuit

September 24, 2013

ESTATE OF STAR EUBANKS, Plaintiff,
v.
HARRISBURG POLICE DEPARTMENT, Defendant.

ORDER

WILLIAM W. CALDWELL, District Judge.

THE BACKGROUND OF THIS ORDER IS AS FOLLOWS:

We are considering the Report and Recommendation ("R & R") of Magistrate Judge Schwab (Doc. 7), which recommends that we dismiss Plaintiff's amended complaint (Doc. 5) for failure to state a claim upon which relief can be granted. On September 10, 2013, one day after the deadline for Objections, pro se Plaintiff Eubanks filed a document titled "Statement of Claim." (Doc. 8). To the extent that this pleading was intended as an Objection to the magistrate's report, [1] it is untimely, [2] and does not change our analysis. Plaintiff merely recites the facts stated in her amended complaint, and again fails to state a cognizable federal claim. Accordingly, we agree with the magistrate's findings, and will dismiss the amended complaint with prejudice. (Doc. 5).

AND NOW, this 23rd day of September, 2013, upon consideration of the report and recommendation of the magistrate judge (Doc. 7), filed August 21, 2013, and the objections that were filed, (Doc. 8) and upon independent review of the record, it is ordered that:

1. The magistrate judge's report (Doc. 7) is adopted.
2. Plaintiff's amended complaint (Doc. 5) is DISMISSED with prejudice.
3. The Clerk of Court shall close this file.

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