CLAYTON v. MORGAN

Filing 36

MEMORANDUM ORDER indicating that Defendant's Motion to Dismiss 13 is granted; that Plaintiff's Motion to Amend 35 is denied as it would be futile to allow him the opportunity to amend; that the Report and Recommendation 31 dated 2/1 6/12, is adopted as the Opinion of the Court; that the Clerk of Court mark this case closed; 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. Signed by Judge Nora Barry Fischer on 4/25/12. (jg)

IN THE UNITED STATES DISTR1C~ COURT

FOR THE WESTERN DISTRICT OF PENNSYL VANIA

MOTZIE L. CLAYTON,

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Plaintiff,

v.
1. MORGAN, Captain,
Defendant.

Civil Action No. 11-623
Distric:t Judge Nora Barry Fiseher

MEMORANDUM ORDER:
The above captioned case was filed in this Court on May 12, 2011 and was referred to a
united states magistrate judge for pretrial proceedings in accmdance with the Magistrate Judges
Act, 28 U.S.C. § 636(b)(1), and the local rules of court.
On February 16, 2012, the Magistrate Judge filed a Report and Recommendation (ECF
No. 31) recommending that Defendant's the Motion to

Dismis~:,

(ECF No. 13) be grant1ed and that

it would be futile to allow Plaintiff to file an amended complaint. On April 10, 2012, Plaintiff
filed Objections to the Report and Recommendation and a \10tion to Amend (ECF No. 35).
Plaintiffs Objections do not undermine the recommendation of the Magistrate Judge. Nor is
there any basis upon which to allow Plaintiff the opportunity to file an amended compl,aint.
After de novo review of the pleadings and documents in the case, together with the
Report and Recommendation, and the Objections thereto, the f,)llowing order is entered:
AND NOW, this

d6 1ay of April, 2012;

IT IS HEREBY ORDERED that Defendant's Mor:ion to Dismiss (ECF No. 13) is
GRANTED.
IT IS FURTHER ORDERED that Plaintiffs Motion to Amend (ECF No. 35) is
DENIED as it would be futile to allow him the opportunity to amend.
IT IS FURTHER ORDERED that the Report and Recommendation (ECF. No. 31)
dated February 16,2012, is ADOPTED as the Opinion of the Court.

IT IS FURTHER ORDERED that the Clerk of Courl mark this case CLOSED.
AND IT IS FURTHER ORDERED that pursuant to Rule 4(a)(l) of the

F,~:deral

Rules

of Appellate Procedure, Plaintiff has thirty (30) days to file a notice of appeal as ·t'rovided by
Rule 3 of the Federal Rules of Appellate Procedure.

By the CJurt:

~~£A~_~
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United States District Judge

cc:

Motzie L. Clayton
JE6539
SCI Greensburg
165 SCI Lane
Greensburg, PA 15601

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