JACKSON v. CITY OF ERIE POLICE DEPARTMENT et al

Filing 4

ORDER indicating that that Plaintiff's "Objection to Magistrate Judge's Report and Recommendation" are overruled and the Court adopts the Magistrate Judge's Report and Recommendation 2 as the Opinion of the Court; that Pla intiff's motion to proceed in forma pauperis 1 is granted and the Clerk of Court is directed to file the Complaint of record; that Plaintiff's pro se Complaint is dismissed, with prejudice, pursuant to the screening provisions of the Pri son Litigation Reform Act; that, pursuant to Rule 4(a)(1) of the Federal Rules of Appellate Procedure, if any party 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 700 Grant Street, Room 3110, Pittsburgh, PA 15219, within thirty (30) days. Signed by Judge Nora Barry Fischer on 2/24/14. (jg)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
MARVIN JOVAN JACKSON,
Plaintiff,
v.
CITY OF ERIE POLICE DEPARTMENT, et
al.,
Defendant.

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Civil Action No. 1:14-3
Judge Nora Barry Fischer
Magistrate Judge Susan Paradise Baxter

ORDER OF COURT
AND NOW, this 24th day February, 2014, after Plaintiff filed a motion to proceed
in forma pauperis and pro se Complaint in the above-captioned case on January 14, 2014,
(Docket No. [1]), and after a Report and Recommendation was filed by the United States
Magistrate Judge on January 30, 2014, (Docket No. [2]) recommending that Plaintiff’s motion to
proceed in forma pauperis be granted but that his pro se Complaint be dismissed with prejudice
pursuant to the screening provisions of the Prison Litigation Reform Act, and Plaintiff having
timely filed his “Objection to Magistrate Judge’s Report and Recommendation” on February 14,
2014, and upon independent review of the record, including Plaintiff’s motion to proceed in
forma pauperis, his pro se Complaint, the Magistrate Judge=s Report and Recommendation, and
Plaintiff’s pro se “Objection to Magistrate Judge’s Report and Recommendation”,
IT IS HEREBY ORDERED that Plaintiff’s “Objection to Magistrate Judge’s
Report and Recommendation” are OVERRULED and the Court adopts the Magistrate Judge’s
Report and Recommendation [2] as the Opinion of the Court;
IT IS FURTHER ORDERED that Plaintiff’s motion to proceed in forma pauperis
[1] is GRANTED and the Clerk of Court is directed to file the Complaint of record;

IT IS FURTHER ORDERED that Plaintiff’s pro se Complaint is DISMISSED,
with prejudice, pursuant to the screening provisions of the Prison Litigation Reform Act.
FINALLY, IT IS ORDERED that, pursuant to Rule 4(a)(1) of the Federal Rules of
Appellate Procedure, if any party 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 700
Grant Street, Room 3110, Pittsburgh, PA 15219, within thirty (30) days.

s/Nora Barry Fischer
Nora Barry Fischer
United States District Judge
cc/ecf: All Counsel of Record
Honorable Susan Paradise Baxter
United States Magistrate Judge
cc:

MARVIN JOVAN JACKSON
JZ-3269
SCI HUNTINGDON
1100 PIKE STREET
HUNTINGDON, PA 16654
(by regular mail)