HARSH v. BARONE et al

Filing 87

MEMORANDUM ORDER: IT IS HEREBY ORDERED that, pursuant to the authority granted to courts by the Prison Litigation Reform Act, Plaintiff's claims against Defendant Bleday are DISMISSED due to Plaintiff's failure to accomplish service on him in accordance with Rule 4(m) of the Federal Rules of Civil Procedure; adopting 82 Report and Recommendations. The Clerk of Courts is directed to close this case. Signed by Judge Sean J. McLaughlin on 4/10/2013. (rlh)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
MARK HARSH,
Plaintiff,
v.
MICHAEL BARONE, et al.,
Defendants.

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Civil Action No. 10-223 Erie

MEMORANDUM ORDER
This action was received by the Clerk of Court on September 7, 2010 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 [ECF No.82], filed on
March 20, 2013, recommended that, pursuant to the authority granted to courts by the
Prison Litigation Reform Act, Plaintiff’s claims against Defendant Bleday be dismissed
due to Plaintiff’s failure to accomplish service on him in accordance with Rule 4(m) of
the Federal Rules of Civil Procedure. Plaintiff was allowed fourteen (14) days from the
date of service to file objections and no objections were filed. After de novo review of
the documents in the case, together with the Report and Recommendation, the
following order is entered:
AND NOW, this 10th day of April, 2013;
IT IS HEREBY ORDERED that, pursuant to the authority granted to courts by the
Prison Litigation Reform Act, Plaintiff’s claims against Defendant Bleday are
DISMISSED due to Plaintiff’s failure to accomplish service on him in accordance with
Rule 4(m) of the Federal Rules of Civil Procedure.

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The Report and Recommendation of Magistrate Judge Baxter, filed on March 20,
2013 [ECF No. 82] is adopted as the opinion of the Court.
The Clerk of Courts is directed to close this case.

s/

cm:

Sean J. McLaughlin
United States District Judge

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

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