PALACIOS v. GILL

Filing 15

MEMORANDUM ORDER dismissing amended complaint and adopting Report and Recommendations re 12 Report and Recommendations. Clerk is to mark this case CLOSED. Signed by Judge Terrence F. McVerry on 6/20/2013. (kly)

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

JOSE VICTOR ROBLES PALACIOS,
Plaintiff,
v.
RUSSELL GILL,
Defendant.

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Civil Action No. 13 – 487
District Judge Terrence F. McVerry
Chief Magistrate Judge Lisa Pupo Lenihan

MEMORANDUM ORDER
This case is before the Court on the pending Report and Recommendation filed by Chief
Magistrate Judge Lenihan on May 8, 2013. (ECF No. 12.) Judge Lenihan recommended that
Plaintiff’s Amended Complaint be dismissed with prejudice for failure to state a claim pursuant
to 28 U.S.C. §§ 1915(e)(2)(B) and 1915A(b).

Plaintiff was served with the Report and

Recommendation and informed that he had until May 28, 2013, to file written objections. As of
the date of this order, however, no objections have been filed. Therefore, after de novo review of
the pleadings and documents in the case, together with the Report and Recommendation, the
following order is entered.
AND NOW, this 20th day of June, 2013,
IT IS HEREBY ORDERED that Plaintiff’s Amended Complaint is DISMISSED with
prejudice for failure to state a claim pursuant to 28 U.S.C. §§ 1915(e)(2)(B) and 1915A(b).
IT IS FURTHER ORDERED that the Report and Recommendation dated May 8, 2013
(ECF No. 12) is ADOPTED as the opinion of this Court.
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IT IS FURTHER ORDERED that the Clerk of Court mark this case CLOSED.
AND IT IS FURHTER 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/ Terrence F. McVerry
Terrence F. McVerry
United States District Judge
cc: Jose Victor Robles Palacios
01261261
Price Daniel Unit
938 South F.M. 1673
Snyder, TX 79549-8859
(Via First Class U.S. Postal Mail)

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