HOYE v. SCI CAMP HILL PRISON et al

Filing 6

ORDER adopting the 3 Report and Recommendation of the Magistrate Judge recommending sua sponte dismissal of the Complaint before service because the action is frivolous. Signed by Judge Nora Barry Fischer on 5/8/2017. (erk) Text modified on 5/9/2017. (ept)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
NATHAN HOYE,
Plaintiff,
v.
SCI CAMP HILL, et al.,
Defendants.

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Civil Action No. 2: 17-cv-0452
United States District Judge
Nora Barry Fischer

MEMORANDUM ORDER
The above captioned case was initiated on April 10, 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 April 13, 2017 (ECF No. 2) and the complaint was
filed the next day. (ECF No. 4).
On April 13, 2017, the Magistrate Judge filed a Report and Recommendation (ECF No.
3) 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 May 1, 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 8th day of May, 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. 3) dated
April 13, 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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