SIMMONS v. ERJAVIC et al

Filing 13

MEMORANDUM ORDER indicating that that the Complaint is dismissed with prejudice in accordance with the screening provisions promulgated in the Prison Litigation Reform Act, 28 U.S.C. § 1915(e)(2)(B)(ii), 28 U.S.C. § 1915A and 28 U.S.C.  7; 1997e(e) for failure to state a claim upon which relief can be granted and it would be futile to allow Plaintiff the opportunity to amend; that the Report and Recommendation 12 dated 2/19/13, is adopted as the Opinion of the Court; that the Cl erk 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 3/14/13. (jg)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA

ROBERT W. SIMMONS,
Plaintiff,
v.
CO ERJAVIC;
ET AL.,
Defendants.

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Civil Action No. 12-979
District Judge Nora Barry Fischer

MEMORANDUM ORDER
The above captioned case was initiated by the filing of a motion to proceed in forma
pauperis (ECF No. 1) on July 12, 2013, 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 February 19, 2013, the Magistrate Judge filed a Report and Recommendation (ECF
No. 12) recommending that the Complaint be dismissed with prejudice in accordance with the
screening provisions promulgated in the Prison Litigation Reform Act, 28 U.S.C. §
1915(e)(2)(B)(ii), 28 U.S.C. § 1915A and 28 U.S.C. § 1997e(e) for failure to state a claim upon
which relief can be granted. Plaintiff was served with the Report and Recommendation at his
listed address and was advised that he had fourteen days to file written objections to the Report
and Recommendation. No objections have been filed.

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After de novo review of the pleadings and documents in this case, together with the Report
and Recommendation, the following order is entered:
AND NOW, this 14th day of March, 2013;
IT IS ORDERED that the Complaint is DISMISSED with prejudice in accordance with
the screening provisions promulgated in the Prison Litigation Reform Act, 28 U.S.C. §
1915(e)(2)(B)(ii), 28 U.S.C. § 1915A and 28 U.S.C. § 1997e(e) for failure to state a claim upon
which relief can be granted and it would be futile to allow Plaintiff the opportunity to amend.
IT IS FURTHER ORDERED that the Report and Recommendation (ECF. No. 12) dated
February 19, 2013, 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/Nora Barry Fischer
Nora Barry Fischer
United States District Judge
cc:

Robert Simmons
EP-6151
SCI Somerset
1600 Walters Mill Road
Somerset, PA 15510-0001

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