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Lee v. Schrader

United States District Court, W.D. Pennsylvania

May 20, 2014

PRESTON LEE, Plaintiff,
v.
LT. SCHRADER and OFFICER J.C. SMITH, Defendants.

MEMORANDUM ORDER

DAVID STEWART CERCONE, District Judge.

AND NOW, this 19th day of May, 2014, after the Plaintiff, Preston Lee, initiated the above-captioned matter on December 10, 2013, and after a Report and Recommendation (ECF No. 10) was filed by the United States Magistrate Judge recommending dismissal of Plaintiffs Complaint and giving Plaintiff until May 2, 2014 to file written objections, and after Plaintiff filed untimely Objections to the Report and Recommendation on May 6, 2014, and after having thoroughly reviewed the record in this case, including Plaintiffs Objections despite their untimeliness,

IT IS HEREBY ORDERED that for the reasons set forth in that Report and Recommendation, which is adopted as the Opinion of this Court, Plaintiffs Complaint is DISMISSED with prejudice pursuant to 28 U.S.C. ยง 1915(e)(2)(B)(ii).

IT IS FURTHER ORDERED that the Clerk is to mark this case CLOSED.

AND IT IS FURTHER ORDERED that, pursuant to Rule 4(a)(1) of the Federal Rules of Appellate Procedure, if any party wishes to appeal from this Order then a notice of appeal, as provided in Fed. R. App. P. 3, must be filed with the Clerk of Court, United States District Court, at 700 Grant Street, Room 3110, Pittsburgh, PA 15219, within thirty (30) days.


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