PRATT v. FAYETTE COUNTY et al

Filing 29

ORDER OF COURT: GRANTING 18 AND 21 Defendants' Motions to Dismiss and ADOPTING 28 Report and Recommendation as the Opinion of this Court. The Clerk of Court shall mark this CASE CLOSED. Mailed to pro se Plaintiff this day. Signed by Judge Arthur J. Schwab on 12/8/2011. (lcb)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
EUGENE PRATT,

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Plaintiff,
v.
FAYETTE COUNTY, et al.,
Defendants.

Civil Action No. 10-1741
District Judge Arthur J. Schwab

MEMORANDUM ORDER
The above captioned case was initiated by the filing of a motion to proceed in forma
pauperis (ECF No. 1) on December 27, 2010, and was referred to a United States Magistrate
Judge for pretrial proceedings in accordance with the Magistrate Judges Act, 28 U.S.C. '
636(b)(1), and the local rules of court.
On November 8, 2011, the Magistrate Judge filed a Report and Recommendation (ECF
No. 28) recommending that the Motion to Dismiss filed by Defendants Jeffrey Beard and the
Pennsylvania Board of Probation and Parole (ECF No. 18) be granted, that the Motion to
Dismiss filed by Defendants Larry Medlock and Fayette County be granted, and that the
Complaint be dismissed with prejudice against the remaining John Doe Defendants under 28
U.S.C. § 1915A. Plaintiff was served with the Report and Recommendation at his listed address
and was advised that he had until November 25, 2011 to file written objections to the Report and
Recommendation. No objections have been filed.
After de novo review of the pleadings and documents in this case, together with the
Report and Recommendation, the following Order is entered:

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AND NOW, this 8th day of December, 2011;
IT IS HEREBY ORDERED that the Motion to Dismiss filed by Defendants Jeffrey
Beard and the Pennsylvania Board of Probation and Parole (ECF No. 18) is GRANTED.
IT IS HEREBY ORDERED that the Motion to Dismiss filed by Defendants Larry
Medlock and Fayette County (ECF No. 21) is GRANTED.
IT IS FURTHER ORDERED that the Complaint is DISMISSED with prejudice
against the remaining Defendants under 28 U.S.C. § 1915A as it would be futile to allow
Plaintiff the opportunity to amend.
IT IS FURTHER ORDERED that the Report and Recommendation (ECF. No. 28)
dated November 8, 2011, 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 to file a notice of appeal as provided by
Rule 3 of the Federal Rules of Appellate Procedure.

By the Court:
s/ Arthur J. Schwab
Arthur J. Schwab
United States District Judge

cc:

Eugene M. Pratt, BY8768
SCI Fayette
PO Box 9999
LaBelle, PA 15450

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