MOORE v. SCI COAL TOWNSHIP

Filing 7

ORDER indicating that the Report and Recommendation 2 is adopted as the opinion of the Court; that the Plaintiffs motion for leave to proceed in forma pauperis 1 is granted; that the Plaintiff's complaint is dismissed pursuant to 28 U.S.C. §1915(e)(2)(B)(iii), as it seeks monetary relief against a Defendant who is immune from such relief; that the Clerk of Court is directed to mark this case closed; that, pursuant to Rule 4(a)(1) of the Federal Rules of Appellate Procedure, if t he Plaintiff 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 17 South Park Row, Room A-150, Erie, Pennsylvania 16501, within thirty (30) days. Signed by Judge Nora Barry Fischer on 10/1/13. (jg)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
BILLY W. MOORE,
Plaintiff,
v.
SCI COAL TOWNSHIP,
Defendant.

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Civil Action No. 13-112 Erie
District Judge Nora Barry Fischer
Magistrate Judge Susan Paradise Baxter

ORDER
AND NOW, this 1st day of October, 2013, after the Plaintiff Billy W. Moore filed
a complaint and a motion for leave to proceed in forma pauperis in the above-captioned case,
and after a Report and Recommendation was filed by United States Magistrate Judge Susan
Paradise Baxter on June 3, 2013, and after the Magistrate Judge gave Plaintiff until September
30, 2013 in which to file written objections to the Report and Recommendation, and Plaintiff
having failed to file any objections as of today’s date, and upon independent review of the
record, and upon consideration of the Magistrate Judge’s Report and Recommendation (Docket
No. 2), which is adopted as the opinion of this Court,
IT IS HEREBY ORDERED that the Plaintiff’s motion for leave to proceed in
forma pauperis (Docket No. 1) is granted.
IT IS FURTHER ORDERED that the Plaintiff’s complaint is dismissed pursuant
to 28 U.S.C. §1915(e)(2)(B)(iii), as it seeks monetary relief against a Defendant who is immune
from such relief.

IT IS FURTHER ORDERED that the Clerk of Court is directed to mark this case
CLOSED.
IT IS FURTHER ORDERED that, pursuant to Rule 4(a)(1) of the Federal Rules
of Appellate Procedure, if the Plaintiff 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 17 South Park Row, Room A-150, Erie, Pennsylvania 16501, within thirty (30) days.

/s/ Nora Barry Fischer
Nora Barry Fischer
United States District Judge

cc:

Billy W. Moore
1024 Peach Street
Erie, PA 16501
(via First-Class U.S. Mail)
Honorable Susan Paradise Baxter
United States Magistrate Judge