EAVES v. SHOLEK et al

Filing 15

ORDER indicating that the Magistrate Judge's Report and Recommendation 14 is adopted as the opinion of this Court; that Plaintiff's Amended Complaint shall be dismissed pre-service for failure to state a claim upon which relief can be gr anted. See 28 U.S.C. §1915(e); that the Clerk of Court is directed to mark this case closed; 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 Nora Barry Fischer on 9/12/13. (jg)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
ANTHONY BRYANT EAVES,
Plaintiff,
v.
MARK SHOLEK, et al.,
Defendant.

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Civil Action No. 13-409

ORDER
AND NOW, this day of 12th day of September, 2013, after the Plaintiff Anthony
Bryant Eaves, filed an action in the above-captioned case, and after a Report and
Recommendation was filed by United States Magistrate Judge Maureen P. Kelly on August 20,
2013 granting the parties fourteen (14) days (or until September 3, 2013), to file written
objections thereto, and Plaintiff having filed no objections by today’s date, which is now nine (9)
days past the above-stated deadline, and upon independent review of the record, and upon
consideration of the Magistrate Judge=s Report and Recommendation, (Docket No. [14]), which
is adopted as the opinion of this Court,
IT IS HEREBY ORDERED that Plaintiff’s Amended Complaint shall be
DISMISSED pre-service for failure to state a claim upon which relief can be granted. See 28
U.S.C. §1915(e);
IT IS FURTHER ORDERED that the Clerk of Court is directed to mark this case
CLOSED.
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.

s/Nora Barry Fischer
Nora Barry Fischer
United States District Judge

cc:

Anthony Bryant Eaves
HQ-8061
SCI Graterford
Box 244
Graterford, PA 19426-0426
Honorable Maureen P. Kelly
United States Magistrate Judge
All Counsel of Record by electronic filing