BULLOCK v. THE PENNSYLVANIA DEPARTMENT OF CORRECTIONS
ORDER denying 1 Motion for Leave to Proceed in forma pauperis and adopting 2 Report and Recommendation of Chief Magistrate Judge Kelly as the opinion of the Court. Plaintiff is ordered to file entire filing fee by 11/1/16 or case will be dismissed with prejudice for failure to prosecute. Signed by Judge David S. Cercone on 10/12/16. (njt)
IN THE UNITED ST ATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
THE PENNSYLVANIA DEPARTMENT OF
Judge David Stewart Cercone/
Chief Magistrate Judge Maureen P. Kelly
Re: ECF No. 1
The above-captioned prisoner civil rights action was received by the Clerk of Court on
June 21, 2016, and was referred to Chief United States Magistrate Judge Maureen P. Kelly for
pretrial proceedings in accordance with the Magistrate Judges Act, 28 U.S.C. § 636(b)(l), and
Rule 72 of the Local Rules of Court, regarding Magistrate Judges.
The Magistrate Judge's Report and Recommendation (the "Report"), ECF No. 2, filed on
September 7, 2016, recommended that Plaintiffs In Forma Pauperis Motion, ECF No. 1, be
denied because Plaintiff has three strikes. Service was made on Plaintiff at his address of record.
Plaintiff was given until September 26, 2016, to file Objections. No Objections were filed.
Accordingly, after de nova review of the pleadings and the documents in the case,
together with the Report and ~mmendation, the following order is entered:
AND NOW, this
day of October, 2016:
IT IS HEREBY ORDERED that the IFP Motion is DENIED. Plaintiff is ORDERED to
pay the entire filing fee by November 1, 2016, or the case will be dismissed with prejudice for
failure to prosecute without further warning.
IT IS FURTHER ORDERED that the Report and Recommendation, ECF No. 2, filed
on September 7, 2016, by Chief Magistrate Judge Kelly, is adopted as the opinion of the Court.
David Stewart Cercone
United States District Judge
The Honorable Maureen P. Kelly
Chief United States Magistrate Judge
Lamont C. Bullock
175 Progress Drive
Waynesburg, PA 15370
(Via First Class Mail)
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