CALDWELL v. FOLINO et al
Filing
21
ORDER adopting Report and Recommendations re 9 Report and Recommendations, adopting Report and Recommendations re 16 Report and Recommendations. IT IS HEREBY ORDERED that the amended civil rights complaint is dismissed before it is served for failure to state a claim upon which relief can be granted, pursuant to the screening provisions of the Prison Litigation Reform Act. Signed by Judge Terrence F. McVerry on 9/21/2009. (kly)
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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA
CLAY CALDWELL, Plaintiff vs. LOUIS FOLINO, Superintendent; JEAN W. SCOTT, Business Manager; DAN DAVIS, Superintendents Assistance & Grievance Coordinator; DEAN GEEHRING, Mailroom Supervisor, Defendants
) ) ) ) Civil Action No. 09-217 ) Judge Terrence F. McVerry/ ) Magistrate Judge Amy Reynolds Hay ) ) ) ) )
ORDER AND NOW, this 21st day of September, 2009, after the Plaintiff, Clay Caldwell, filed an action in the above-captioned case, and after a Report and Recommendation was filed by the United States Magistrate Judge granting the parties until August 3, 2009, to file written objections thereto, upon consideration of the objections filed by plaintiff, and upon independent review of the record, and upon consideration of the Magistrate Judge's Report and Recommendation, which is adopted as the opinion of this Court, IT IS HEREBY ORDERED that the amended civil rights complaint is dismissed before it is served for failure to state a claim upon which relief can be granted, pursuant to the screening provisions of the Prison Litigation Reform Act.
IT IS FURTHER ORDERED that, pursuant to Rule 4(a)(1) of the Federal Rules of Appellate Procedure, if the plaintiff desires to appeal from this Order he must do so within thirty (30) days by filing a notice of appeal as provided in Rule 3, Fed. R. App. P.
s/ Terrence F. McVerry TERRENCE F. McVERRY United States District Judge
cc:
Honorable Amy Reynolds Hay United States Magistrate Judge Clay Caldwell EM-2163 SCI Greensburg 165 SCI Lane Greensburg, PA 15601-9103
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