HOYE v. ZLOKAS et al

Filing 5

MEMORANDUM ORDER indicating that that the Complaint is dismissed with prejudice in accordance with the screening provisions promulgated in the Prison Litigation Reform Act, 28 U.S.C. § 1915(e)(2)(B)(ii) and 28 U.S.C. § 1915A for failure to state a claim upon which relief can be granted and it would be futile to allow Plaintiff the opportunity to amend; that the Report and Recommendation 4 dated 3/15/17 is adopted as the Opinion of the Court; that the Clerk of Court mark this case c losed; that, pursuant to Rule 4(a)(1) of the Federal Rules of Appellate Procedure, Plaintiff has thirty (30) days to file a notice of appeal as provided by Rule 3 of the Federal Rules of Appellate Procedure. Signed by Judge Nora Barry Fischer on 4/12/17. (jg)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
NATHAN HOYE,
Plaintiff,
v.
ELI A. ZLOKAS, Attorney at Law, and
DWAYNE WOODRUFF, Honorable Judge
Allegheny County,
Defendants.

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Civil Action No. 2: 17-cv-0270
United States District Judge
Nora Barry Fischer

MEMORANDUM ORDER
The above captioned case was initiated on March 1, 2017, and was referred to United
States Magistrate Judge Cynthia Reed Eddy for pretrial proceedings in accordance with the
Magistrate Judges Act, 28 U.S.C. ' 636(b)(1), and the local rules of court. The motion to
proceed in forma pauperis was granted on March 13, 2017 (ECF No. 2) and the complaint was
filed the same day. (ECF No. 3).
On March 15, 2017, the Magistrate Judge filed a Report and Recommendation (ECF No.
4) recommending that the Complaint be dismissed with prejudice in accordance with the
screening provisions promulgated in the Prison Litigation Reform Act, 28 U.S.C. § 1915(e)(2)
and 28 U.S.C. § 1915A 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 and he was advised
that he had until April 3, 2017, to file written objections to the Report and Recommendation. To
date, no objections have been filed nor has Plaintiff sought an extension in time in which to do
so.
After de novo review of the pleadings and documents in this case, together with the
Report and Recommendation, the following order is entered:

AND NOW, this 12th day of April, 2017:
IT IS ORDERED that the Complaint is DISMISSED with prejudice in accordance with
the screening provisions promulgated in the Prison Litigation Reform Act, 28 U.S.C. §
1915(e)(2)(B)(ii) and 28 U.S.C. § 1915A for failure to state a claim upon which relief can be
granted and it would be futile to allow Plaintiff the opportunity to amend.
IT IS FURTHER ORDERED that the Report and Recommendation (ECF No. 4) dated
March 15, 2017, 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)(1) of the Federal Rules
of Appellate Procedure, Plaintiff has thirty (30) days to file a notice of appeal as provided by
Rule 3 of the Federal Rules of Appellate Procedure.

BY THE COURT:
s/Nora Barry Fischer
Nora Barry Fischer
United States District Judge

cc:

NATHAN HOYE
LZ-6846
SCI Huntingdon
1100 Pike Street
Huntingdon, PA 16654

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