United States District Court, W.D. Pennsylvania
February 3, 2014
WAYNE PETTAWAY, Plaintiff,
COMMONWEALTH OF PENNSYLVANIA, et al, Defendants.
MARK R. HORNAK, District Judge.
This prisoner civil rights action was received by the Clerk of Court on October 25, 2013, and was referred to United States Magistrate Judge Susan Paradise Baxter for report and recommendation in accordance with the Magistrates Act, 28 U.S.C. § 636(b)(1), and Rules 72.1.3 and 72.1.4 of the Local Rules for Magistrates. The Magistrate Judge's report and recommendation, filed on December 23, 2013, recommended that Plaintiffs motions for leave to proceed in forma pauperis [ECF Nos. 3 & 4] be granted and the Complaint be dismissed with prejUdice pursuant to the screening provisions of the Prison Litigation Reform Act. Service was made on Plaintiff by mail at SCI Albion, where he is incarcerated. No objections were filed. After de novo review of the petition and documents in the case, together with the report and recommendation, the following order is entered:
AND NOW, this 3rd Day of February, 2014;
IT IS HEREBY ORDERED that Plaintiffs motions for leave to proceed in forma pauperis [ECF Nos. 3 & 4] are GRANTED. The Complaint is DISMISSED with prejudice pursuant to the screening provisions of the Prison Litigation Reform Act.
The report and recommendation of Magistrate Judge Baxter, dated December 23, 2013, is adopted as the Opinion of the court.