MCCAULEY v. AINKO et al

Filing 10

MEMORANDUM ORDER. It is hereby ORDERED that the above-captioned matter is DISMISSED as frivolous in accordance with 28 U.S.C. § 1915(e). It is further ORDERED that 9 Report and Recommendation is ADOPTED as the opinion of the Court. It is further ORDERED that the Clerk of Court mark this case CLOSED. Signed by Judge Mark R. Hornak on 9/27/13. (bdb)

IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF PENNSYLVANIA

FRED McCAULEY,
Plaintiff,

v.
BRIAN C. AINKO, et ai.,
Defendants.

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Civil Action No. 13-126 Erie
District Judge Mark R. Hornak
Magistrate Judge Susan Paradise Baxter

MEMORANDUM ORDER

This case is before the Court on the Report and Recommendation issued by United States
Magistrate Judge Susan Paradise Baxter on September 3,2013, recommending that the instant
civil action be dismissed as legally frivolous pursuant to 28 U.S.C. §1915(e). The Plaintiff was
served with the Report and Recommendation at his address of record and was informed that he
had until September 20,2013 in which to file written objections. As of the date of this order,
however, no objections have been filed. Therefore, 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, thisa-t'!y of September, 2013,
IT IS HEREBY ORDERED that the above-captioned matter is DISMISSED as

frivolous in accordance with 28 U.S.C. §1915(e).
IT IS FURTHER ORDERED that the Report and Recommendation dated September 3,

2013 (ECF No.9) 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 in which to file a notice of appeal as
provided by Rule 3 of the Federal Rules of Appellate Procedure.

Mark R. Hornak
United States District Judge

cc:

Fred McCauley
KC 2374
SCI Albion
10745 Route 18
Albion, PA 16475-0002
(Via First Class Us. Postal Mail)