MARSH v. UNITED STATES OF AMERICA et al

Filing 8

MEMORANDUM ORDER: IT IS HEREBY ORDERED that the Plaintiff's case is DISMISSED under 28 U.S.C. sec. 1915(e) and/or 1915A for failure to state a claim upon which relief may be granted under 42 U.S.C. sec. 1983; adopting 6 Report and Recommendations. Signed by Judge Sean J. McLaughlin on 4/19/2011. (rlh)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
ROBERT MARSH,

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Plaintiff,
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v.
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UNITED STATES OF AMERICA, et al., )
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Defendants.
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Civil Action No. 10-91 Erie

MEMORANDUM ORDER
This civil rights action was received by the Clerk of Court on April 19, 2010, and
was referred to United States Magistrate Judge Lisa Pupo Lenihan 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 [ECF No. 6], filed on
February 23, 2011, recommended that Plaintiff’s case be dismissed under 28 U.S.C. §
1915(e) and/or 1915A for failure to state a claim upon which relief may be granted
under 42 U.S.C. § 1983. Plaintiff was allowed fourteen (14) days from the date of
service to file objections. On March 15, 2011, Plaintiff was granted an extension until
April 14, 2011 to file objections. See Text Order dated March 15, 2001. No objections
were filed. After de novo review of the motion and documents in the case, together with
the Report and Recommendation, the following order is entered:
AND NOW, this 19th day of April, 2011;
IT IS HEREBY ORDERED that the Plaintiff’s case is DISMISSED under 28
U.S.C. § 1915(e) and/or 1915A for failure to state a claim upon which relief may be
granted under 42 U.S.C. § 1983.
The Report and Recommendation [ECF No. 6] of Magistrate Judge Lenihan,
filed on February 23, 2011, is adopted as the Opinion of the Court.

s/

Sean J. McLaughlin
United States District Judge

cm:

All parties of record
Susan Paradise Baxter, U.S. Magistrate Judge

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