BROWN v. LUTTI et al

Filing 7

MEMORANDUM ORDER directing that the 3 Order granting 2 Motion for Leave to Proceed in Forma Pauperis is VACATED; denying 2 Motion for Leave to Proceed in Forma Pauperis, and adopting 5 Report and Recommendation of Magistrate Judge Lenihan as the opinion of the Court. The Clerk shall mark this case CLOSED. Signed by Judge David S. Cercone on 1/6/16. (njt)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
HAMILTON BROWN,

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Plaintiff,

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v.

HONORABLE ROBERT LUTTY, et
a/.,
Defendants.

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)
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Civil Action No. 2:15-cv-1154
District Judge David Stewart Cercone
Magistrate Judge Lisa Pupa Lenihan
ECF Nos. 2, 3 & 5

MEMORANDUM ORDER
The Complaint in the above captioned case was originally filed in Middle District
of Alabama and subsequently transferred to this Court on September 9, 2015. This
case was then referred to United States Magistrate Judge Lisa Pupa Lenihan for pretrial
proceedings in accordance with the Magistrate Judges Act, 28 U.S.C. §636(b)(1 ), and
Local Rules of Court 72.C and 72.D.
The Magistrate Judge's Report and Recommendation (ECF No. 5), filed on
November 16, 2015, recommended that the Order granting the Motion for Leave to
Proceed in Forma Pauperis (ECF No.3) be vacated and the motion denied, and that the
Clerk of Court mark the case closed. Service of the Report and Recommendation (ECF
No. 5) was made on Plaintiff at his address of record via U.S. Mail. Plaintiff was
informed that in accordance with the Magistrate Judges Act, 28 U.S.C. § 636(b)(1 )(B)
and (C), and Rule 72.0.2 of the Local Rules of Court, that he had fourteen (14) days to
file any objections. On November 30, 2015, the Report and Recommendation that was
previously mailed to Plaintiff on November 16, 2015 was returned to the Court with the

notation "RTS moved".

As a result, on December 4, 2015, by text order the Court

extended the deadline for filing objections until December 18, 2015 (ECF No. 6), and
mailed a copy of the Report and Recommendation (ECF No. 5) and text order (ECF No.
6) to Plaintiff at his address of record, as well as to Frederick Banks at #120759,
Allegheny County Jail, 950 Second Avenue, Pittsburgh, PA

15219.

To date, no

objections have been filed.
After review of the pleadings and documents in the case, together with the
Report and Recommendation, the following Order is entered:

~

AND NOW, this

~day of January, 2016

IT IS HEREBY ORDERED that the Order granting the Motion for Leave to

Proceed in Forma Pauperis filed by Plaintiff Hamilton Brown (ECF No. 3) is VACATED.
IT IS FURTHER ORDERED that the Motion for Leave to Proceed in Forma

Pauperis filed by Plaintiff Hamilton Brown (ECF No. 2) is DENIED. The Clerk of Court is
directed to mark this case CLOSED.
IT IS FURTHER ORDERED that the Report and Recommendation (ECF No. 5)

of Magistrate Judge Lenihan, dated November 16, 2015, is adopted as the opinion of
the Court.

DAVID STEWART CERCONE
United States District Judge

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cc:

Hamilton Brown
U.S. Steel Tower
600 Grant Street, Suite 660
Pittsburgh, PA 15219
Via First Class Mail
Frederick Banks
#120759
Allegheny County Jail
950 Second Avenue
Pittsburgh, PA 15219
Via First Class Mail

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