FARROW v. PA DEPARTMENT OF EDUCATION

Filing 6

MEMORANDUM ORDER adopting Report and Recommendations re 5 Report and Recommendations. The clerk shall mark the case CLOSED. (Copy of this Order is mailed to Plaintiff). Signed by Judge Arthur J. Schwab on 1/5/17. (lck)

Download PDF
IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA RIKEA FARROW, Plaintiff, v. PA DEPARTMENT OF EDUCATION, Defendant. ) ) ) ) ) ) ) ) ) ) ) ) ) ) NO. 2: 16-CV-O 1360 District Judge Arthur J. Schwab Magistrate Judge Lisa Pupo Lenihan ECFNo. 5 MEMORANDUM ORDER Plaintiffs prose Complaint was delivered to the clerk of courts for the Western District of Pennsylvania on September 2, 2016. (ECF No. 1.) The Complaint was filed that same day and referred to United States Magistrate Judge Lisa Pupo Lenihan for pretrial proceedings in accordance with the Magistrate Judges Act, 28 U.S.C. § 636(b)(l), and Rules 72.C and 72.D of the Local Rules of Court. The Magistrate Judge's Report and Recommendation (ECF No. 5) filed on December 14, 2016, recommended that the Plaintiffs Complaint be dismissed pursuant to 28 U.S.C. § 1915(e)(2)(B) because the action is frivolous, fails to state a claim upon which relief may be granted, and because it seeks monetary relief against a defendant who is immune from such relief. Service was made on the pro se Plaintiff at her address of record. Plaintiff was informed that in accordance with the Magistrate Judges Act, 28 U.S.C. § 636(b)(l)(B) and (C), and Local Rule of Court 72.D.2, she had fourteen (14) days from the date of service to file objections to the Report and Recommendation. No objections were filed. After review of the pleadings, and the documents in the case, together with the Report and Recommendation, the following Order is entered: ~ AND NOW, this :2_ day of January 2017, it is hereby ORDERED that Plaintiffs Complaint be dismissed pursuant to 28 U.S.C. § 1915(e)(2)(B) because the action is frivolous, fails to state a claim upon which relief may be granted, and seeks monetary relief against a defendant who is immune from such relief. IT IS FURTHER ORDERED that the Report and Recommendation (ECF No. 5) of Magistrate Judge Lenihan, dated December 14, 2016, is adopted as the Opinion of the Court. The clerk shall mark the case CLOSED. BY THE COURT Arthur J. Schwab United States District Judge cc: Rikea Farrow 1320 Halser Pl. Pittsburgh, PA 15212

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?