MAY v. TYWALK et al

Filing 5

ORDER adopting 4 Magistrate Judges Report and Recommendation as the opinion of this Court; that, pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii), the Complaint is dismissed for failure to raise a claim that is cognizable in a civil rights action; that Plaintiffs claim for damages is denied pursuant to Heck v. Humphrey, 512 U.S. 477 (1994); that the Clerk of Court mark this case closed ; that, pursuant to Rule 4(a)(1) of the Federal Rules of Appellate Procedure, if Plaintiff 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 30 days. Signed by Judge Nora Barry Fischer on 3/3/16. (jg)

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

FREEMAN WILLIAM MAY,
Plaintiff,
v.
HONORABLE JUDGE JOHN C.
TYWALK, et al.,

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Civil Action No. 16 – 130
District Judge Nora Barry Fischer
Magistrate Judge Lisa Pupo Lenihan

Defendants.
ORDER
AND NOW, this 3rd day of March, 2016, after Plaintiff Freeman William May having
filed an action in the above-captioned case, and after a Report and Recommendation was filed by
the United States Magistrate Judge giving Plaintiff until February 22, 2016 to file written
objections thereto, and no Objections having been filed, and upon independent review of the
record, and upon consideration of the Magistrate Judge’s Report and Recommendation, which is
adopted as the opinion of this Court,
IT IS HEREBY ORDERED that, pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii), the
Complaint is dismissed for failure to raise a claim that is cognizable in a civil rights action.
IT IS FURTHER ORDERED that Plaintiff’s claim for damages is denied pursuant to
Heck v. Humphrey, 512 U.S. 477 (1994).
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, if Plaintiff wishes to appeal from this Order a notice of appeal, as provided
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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.
By the Court:
s/Nora Barry Fischer __
Nora Barry Fischer
United States District Judge
cc: Honorable Lisa Pupo Lenihan
United States Magistrate Judge
Freeman William May
AK-7516
SCI Coal Township
1 Kelley Drive
Coal Township, PA 17688-1021

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