RIECO v. KEFFER

Filing 12

ORDER ADOPTING Report and Recommendations re 8 as the opinion of the Court. The Clerk of Court shall mark this case CLOSED. Signed by Judge Arthur J. Schwab on 6/17/15. (lck)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
DWAYNE L. RIECO,

)

) Civil Action No. 2: 15-cv-0543
)

Plaintiff,

) United States Court Judge
) Arthur J. Schwab

v.

CAPTAIN HARRY B. KEFFER,
Defendant.

IlL

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)
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MEMORANDUM ORDER
This prisoner civil rights case was received by the Clerk of Court on April 27, 2015, and
was referred to United States Magistrate Judge Cynthia Reed Eddy for report and
recommendation in accordance with the Magistrates Act, 28 U.S.C. § 636(b)(l), and Rules
72.1.3 and 72.1.4 of the Local Rules for Magistrates.
On May 26,2015, Magistrate Judge Eddy filed a Report and Recommendation [ECFNo. 8],
recommending that the Complaint be dismissed sua sponte before service for failure to state a claim
upon which relief can be granted. The Report and Recommendation was mailed to Plaintiff at his
listed address of record.

Plaintiff was advised that written objections to the Report and

Recommendation were to be filed by June 12, 2015.
The time has now passed for filing written objections. Plaintiff has not filed any objections
nor has he requested an extension of time in which to do so.

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The Court has reviewed the matter and concludes that the Report and Recommendation
correctly analyzes the issues and makes a sound recommendation. Accordingly, after de novo
review of the Complaint, together with the Report and Recommendation, the following order is
entered:

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AND NOW, this .L2_ aay ofJune, 2015:
IT IS HEREBY ORDERED that the Complaint be dismissed pursuant to the screening
provisions ofthe Prisoner Litigation Reform Act, 28 U.S.C. § 1915(e), for failure to state a
claim. It is further ORDERED that leave to amend is denied as it would be futile for Plaintiff to
amend his claims.
IT IS FURTHER ORDERED that the Report and Recommendation [ECF No.8] 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)(l) ofthe Federal Rules of
Appellate Procedure, Plaintiff has thirty (30) days to file a notice of appeal as proyided by Rule 3 of
the Federal Rules of Appellate Procedure.
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SO ORDERED this D day of June, 2015.

cc:

DWAYNE L. RIECO
HU-2494
SCI Pittsburgh
Post Office Box 99991
Pittsburgh, PA 15233
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