SZAREWICZ v. BARKMAN et al

Filing 4

MEMORANDUM ORDER. 1 Motion for Leave to Proceed in forma pauperis is DENIED. 2 Report and Recommendation is ADOPTED as the Opinion of this Court. The Clerk of Court shall mark this CASE CLOSED. Signed by Judge Arthur J. Schwab on 01/17/13. (eca)

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

STEVEN SZAREWICZ,
Plaintiff,
v.
THE ALLEGHENY CO. OFFICE OF
COURT RECORDS; ET AL,
Defendants.

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Civil Action No. 13 - 0006
District Judge Arthur J. Schwab

MEMORANDUM ORDER
On January 3, 2013, the above captioned case was filed in this Court and was referred to a
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 for Magistrate Judges.
The Magistrate Judge filed a Report and Recommendation on January 7, 2013 (ECF No. 2)
recommending that Plaintiff’s motion to proceed in forma pauperis (ECF No. 1) be denied in
accordance with 28 U.S.C. § 1915(g) and that the action be dismissed for Plaintiff’s failure to pay
the filing fee, with the right of Plaintiff to reopen by paying the full $350.00 filing fee within sixty
(60) days. Plaintiff filed written Objections to the Report and Recommendation on January 16,
2013 (ECF No. 3). Plaintiff’s objections do not undermine the determination set forth in the
Report and Recommendation.
After de novo review of the pleadings and documents in the case, together with the Report
and Recommendation, and the Objections thereto, the following order is entered:
AND NOW, this 17th day of January, 2013;

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IT IS HEREBY ORDERED that Plaintiff’s Motion to Proceed in forma pauperis (ECF
No. 1) is DENIED in accordance with 28 U.S.C. § 1915(g).
IT IS FURTHER ORDERED that this action is DISMISSED for Plaintiff’s failure to
pay the filing fee, with the right of Plaintiff to reopen by paying the full $350.00 filing fee within
sixty (60) days.
IT IS FURTHER ORDERED that the Report and Recommendation (ECF No. 2) dated
January 7, 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/
Arthur J. Schwab
Arthur J. Schwab
United States District Judge
Steven Szarewicz
AP-8784
SCI Houtzdale
P.O. Box 1000
Houtzdale, PA 16698

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