TEMPLE v. GEROULO et al

Filing 12

MEMORANDUM ORDER adopting Report and Recommendations 10 . This case is DISMISSED under 28 U.S.C. § 1915(e)(2)(B)(ii) for failure to state a claim upon which relief may be granted. The Report and Recommendation of Magistrate Judge Kelly dated 12/17/12 is hereby adopted as the opinion of the District Court. A copy of this Memorandum Order has been sent today to the Plaintiff's address of record. Signed by Judge Cathy Bissoon on 2/13/13. (dcd)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
DION A. TEMPLE,
Plaintiff,
v.
VITO P. GEROULO, et al.,
Defendants.

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Civil Action No. 12-1477
Judge Cathy Bissoon
Magistrate Judge Maureen P. Kelly

MEMORANDUM ORDER
On December 13, 2012, this case was referred to United States Magistrate Judge
Maureen P. Kelly for pretrial proceedings in accordance with the Magistrates Act, 28 U.S.C.
§§ 636(b)(l)(A) and (B), and Rules 72.C and 72.D of the Local Rules for Magistrates.
On December 17, 2012, the magistrate judge issued a Report (Doc. 10) recommending
that this case be dismissed, under the screening provisions of the Prison Litigation Reform Act,
for failure to state a claim upon which relief may be granted. Service of the Report and
Recommendation was made on Plaintiff, and no objections have been filed.
After a review of the pleadings and documents in the case, together with the Report and
Recommendation, the following Order is entered:
This case is DISMISSED under 28 U.S.C. § 1915(e)(2)(B)(ii) for failure to state a claim
upon which relief may be granted. The Report and Recommendation of Magistrate Judge Kelly
dated December 17, 2012 is hereby adopted as the opinion of the District Court.

February 13, 2013

s\Cathy Bissoon
Cathy Bissoon
United States District Judge

cc (via first-class U.S. mail):
Dion A. Temple
HF-5212
SCI Fayette
Box 9999
LaBelle, PA 15719

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