RHODES v. MERCER COUNTY et al

Filing 12

MEMORANDUM ORDER directing that this case is dismissed with prejudice and further adopting the 10 Report and Recommendation of the Magistrate Judge as the opinion of the Court. Signed by Judge David S. Cercone on 11/2/11. (njt)

IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF PENNSYLVANIA

ENRICO T. RHODES,
Plaintiff,
v.

MERCER COUNTY, et at.,
Defendants.

)

)
)
)
)
)
)

)

)

2:lOcv120S
Electronic Mail
Judge Cercone
Magistrate Judge Eddy

MEMORANDUM ORDER
Enrico T. Rhodes ("Plaintiff') is a former pre-trial detainee who was held at Mercer
County Jail, in Mercer, Pennsylvania. Plaintiff filed the instant civil action pursuant to the Civil
Rights Act of 1871,42 U.S.C. § 1983, et seq., alleging that Defendants violated his rights under
the Fourth, Sixth, Eighth, and Fourteenth Amendments to the Constitution of the United States.
Compi. (Doc. 4) at 2. This matter was referred to a United States Magistrate Judge for pretrial
proceedings in accordance with the Magistrates Act, 28 U.S.C. § 636(b)(1), and Rules 72.C and
72.D of the Local Rules for Magistrate Judges.
On October 17, 2011, the magistrate judge issued a report and recommendation
recommending that this case be dismissed, sua sponte, pursuant to the provisions of
28 U.S.C. § 1915(e)(2)(B). (Doc. 10). A copy of the report was mailed to Plaintiff at his address
of record, and Plaintiff was given until October 31, 2011, to file objections. As of the date of
this writing, no objections have been filed.
After de novo review of the pleadings and documents in the case, together with the report
and recommendation (Doc. 10), the following ORDER is entered:

~

AND NOW, this

~-dayof fV~

, 2011,

IT IS HEREBY ORDERED that this case is DISMISSED, with prejudice.
IT IS FURTHER ORDERED that the magistrate judge's report and recommendation
(Doc. 10) is adopted as the opinion of this Court.

David Stewart Cercone
United States District Judge

cc:

Enrico T. Rhodes
128 Chicago
Youngstown, OH 44507
(Via First Class Mail)

2