United States District Court, W.D. Pennsylvania
October 20, 2014
DWAYNE L. RIECO, Plaintiff,
CAROL SCIRE, Grievance Coordinator; and MR. CAPPOZZA, Facility Manager, Defendants.
ARTHUR J. SCHWAB, District Judge.
This case was commenced on September 17, 2013, and was referred to United States Magistrate Judge Cynthia Reed Eddy for pretrial proceedings in accordance with the Magistrate Judges Act, 28 U.S.C. § 636(b)(1), and the Local Rules for Magistrate Judges.
Defendants filed a motion to dismiss arguing that the Complaint should be dismissed for failure to state a claim as Defendants' alleged "failures to adhere to the policies and procedures established by the DOC fail to rise to the level of a Constitution violation." (ECF No. 68.)
On September 5, 2014, Magistrate Judge Eddy filed a Report and Recommendation (ECF No. 79) recommending that Defendants' motion to dismiss be granted on the grounds that Plaintiffs claims failed to state a claim and dismissal be with prejudice as it appears that granting Plaintiff leave to amend would be futile. Plaintiff was served with the Report and Recommendation at his listed address and was advised that he had until September 22, 2014, to file written objections to the Report and Recommendation. On September 19, 2014, Plaintiff filed a request for a thirty-day extension of time in which to file objections. (ECF No. 80.) His request was granted in part and denied in part, and Plaintiff was allowed an extension until October 15, 2014 to file objections. (Text Order of 9/22/2014.) To date, no objections have been filed nor have any additional requests for an extension to file objections been filed.
After de novo review of the pleadings and documents in the case, together with the Report and Recommendation, the following order is entered:
AND NOW, this 30th of October, 2014:
1. Defendants' motion to dismiss (ECF No. 68) is GRANTED for failure to state a claim; and
2. IT IS FURTHER ORDERED that the Report and Recommendation (ECF No. 79) dated September 5, 2014, is ADOPTED as the Opinion of the Court.
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.