KONTAXES v. WAGNER et al

Filing 10

ORDER ADOPTING 9 Report and Recommendation. IT IS HEREBY ORDERED that the Petition for Writ of Mandamus is DISMISSED pre-service pursuant to this Court's inherent power to control its own dockets and/or pursuant to the screening provisions of the Prison Litigation Reform Act ("PLRA") as legally frivolous. IT IS FURTHER ORDERED that, pursuant to Rule 4(a)(1) of the Federal Rules of Appellate Procedure, if any party wishes to appeal from this Order a notice of appeal, as provided in Fed.R.App.P.3, must be filed with the Clerk of Court, United States District Court, at 700 Grant Street, Room 3110, Pittsburgh, PA 15219, within thirty (30) days. Signed by Judge Mark R. Hornak on 12/21/12. (bdb)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYL VANIA

GREGORY S. KONT AXES,

)

Plaintiff,
)
)
vs.
) Civil Action No. 12-1285
) Judge Mark R. Hornak
JUDGE JOHN F. WAGNER, JR.; JUDGE ) Magistrate Judge Maureen P. Kelly
NANCY VERNON; ATTORNEY JACK )
CONNORS; ATTORNEY DIANE
)
ZEREGA; ATTORNEY MARK
)
MEHALOU; STEVEN GARY
)
KONTAXES, PERRYOPOLIS
)
POLICEMAN,
)
Defendants. )

ORDER

AND NOW, this

K,~ of December, 2012., after the Plaintiff, Gregory S.
day

Kontaxes, 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 December 13,2012, to
file written objections thereto, and no objections having been filed, 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 Petition for Writ of Mandamus is dismissed
pre-service pursuant to this Court's inherent power to control its own dockets and/or pursuant to
the screening provisions of the Prison Litigation Reform Act ("PLRA") as legally frivolous.
IT IS FURTHER ORDERED that, pursuant to Rule 4(a)(1) of the Federal Rules
of Appellate Procedure, if any party wishes to appeal from this Order a notice of appeal, as

provided in Fed. R. App. P. 3, must be filed with the Clerk of Court, United States District Court,
at 700 Grant Street, Room 3110, Pittsburgh, PA 15219, within thirty (30) days.

United States District Judge

cc:

Honorable Maureen P. Kelly
United States Magistrate Judge
Gregory S. Kontaxes

FB-3371

SCI Rockview

P.O. Box A

Bellefonte, PA 16823-0820