KAROLSKI v. ALIQUIPPA POLICE DEPARTMENT

Filing 10

MEMORANDUM ORDER. It is ORDERED that this action is DISMISSED pursuant to 28 U.S.C. §§ 1915(e)(2)(B)(ii) and 1915A for failure to state a claim upon which relief may be granted.. It is further ORDERED that 9 Report and Recommendation is ADOPTED as the Opinion of the Court. And it is further ORDERED that the Clerk of Court mark this case CLOSED. Signed by Judge Mark R. Hornak on 8/26/14. (bdb)

IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF PENNSYLVANIA

CLIFFORD J. KAROLSKI,
Plaintiff,

v.
ALIQUIPPA POLICE DEPARTMENT,
Defendant.

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Civil Action No.2: 14-cv-0452
United States District Judge
Mark R. Hornak
United States Magistrate Judge
Cynthia Reed Eddy

MEMORANDUM ORDER

The above captioned case was initiated by the filing of a motion to proceed in forma

pauperis (ECF No.1) on April 8, 2014, and was referred to a United States 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. On July 29, 2014, the motion to proceed in forma pauperis was
granted and the Complaint was filed the following day (ECF No.5).
On July 31, 2014, the Magistrate Judge filed a Report and Recommendation (ECF No.9)
recommending that the Complaint be dismissed pursuant to 28 U.S.C. §§ 1915(e)(2) and 1915A,
as the Complaint fails to state a claim on which relief may be granted. Additionally, it was
recommended that this lawsuit be dismissed based on Plaintiffs failure to comply with the
Court's Orders of May 14, 2014 and June 26, 2014, in which Plaintiff was ordered to file an
Amended Complaint on or before July 14,2014, and was advised that failure to do so may result
in the current operative Complaint being dismissed for failure to state a claim upon which relief
can be granted and/or for failure to prosecute.
Plaintiff was served with the Report and Recommendation at his listed address and was
advised that he had until August 18, 2014, to file written objections to the Report and
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Recommendation. To date, Plaintiff has not filed any objections nor has he sought an extension
of time in which to do so.
As explained in the Report and Recommendation, local police departments are not
subject to suit as "persons" under § 1983. By Orders of May 14, 2014 and June 26, 2014,
Plaintiff was informed that his Complaint was subject to dismissal for failure to state a claim.
Following the United States Court of Appeals instructions in Alston v. Parker, 363 F.3d 229, 235
(3d Cir. 2004), Plaintiff was granted leave until July 14,2014, to file a curative amendment. See
ECF Nos. 2 and 4. To date, Plaintiff has not filed an Amended Complaint.
After de novo review of the pleadings and documents in the case, together with the
Report and Recommendation, the following
AND NOW, this

orde~

entered:

2.~y of August, 2014,

IT IS ORDERED that this action is dismissed pursuant 28 U.S.C. §§ 19l5(e)(2)(B)(ii)
and 1915A for failure to state a claim upon which relief may be granted.
IT IS FURTHER ORDERED that the Report and Recommendation (ECF. No.9) dated
July 31, 2014, 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.

ark R. Hornak
United States District Judge
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cc:

Clifford 1. Karolski
Beaver County Jail
6000 Woodlawn Blvd.
Aliquippa, PA 15001

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