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Stone v. Nuncz

United States District Court, Western District of Pennsylvania

September 12, 2014

CHRISTOPHER M. STONE, Plaintiff
v.
FREDDY NUNCZ, Hearing Examiner, Defendant.

Lisa Pupo Lenihan Chief Magistrate Judge

ORDER

MARK R. HOMAK JUDGE

AND NOW, this 12th day of September 2014, after the Plaintiff, Christopher M, Stone, filed an action in the above-captioned case and was granted leave to proceed in forma pauperis, and after a Report and Recommendation was filed by the United States Magistrate Judge recommending dismissal with prejudice for failure to state a claim and giving Plaintiff until August 8, 2014 to file written objections thereto, and no objections having been filed, and upon independent review of the record, and upon consideration of the Magistrate Judge's Report and Recommendation, which is adopted as the opinion of this Court as supplemented by this Order[1]

IT IS HEREBY ORDERED that pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii), and for the reasons set forth in the Magistrate Judge's Report and Recommendation, this case is dismissed with prejudice for failure to state a claim.

IT IS FURTHER ORDERED that the Motion to Take Part in Mediation (ECF No. 9) is DENIED as moot.

IT IS FURTHER ORDERED that the Clerk of Court shall 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 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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