MITCHELL v. MITCHELL et al

Filing 11

ORDER adopting Report and Recommendation 9 ; that this action is dismissed, with prejudice, pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii). Signed by Judge Nora Barry Fischer on 8/2/17. (jg)

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

EBONY R. MITCHELL,
Plaintiff,
v.
ALONZO MITCHELL, et al.,
Defendants.

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C.A. No. 17-541

MEMORANDUM ORDER

This civil rights action was received by the Clerk of Court on April 26, 2017, and was
referred to United States Magistrate Judge Lisa Pupo Lenihan for report and recommendation in
accordance with the Magistrates Act, 28 U.S.C. §636(b)(1), and Rules 72.1.3 and 72.1.4 of the
Local Rules for Magistrates. The magistrate judge’s report and recommendation, filed on July
10, 2017, recommended that the action be dismissed, with prejudice, pursuant to 28 U.S.C. §
1915(e)(2)(B)(ii), for Plaintiff’s failure to state a claim upon which relief may be granted.
(Docket No. [9]). Service was made by ECF. Objections to the report and recommendation for
ECF users were due by July 24, 2017, and objections to the report and recommendation for
unregistered ECF users were due by July 27, 2017. On July 25, 2017, Plaintiff filed an Amended
Complaint.

(Docket No. [10]).

Plaintiff has not filed any objections to the report and

recommendation. After de novo review of the Complaint; the Amended Complaint, which does
not cure the deficiencies that Magistrate Judge Lenihan addressed; and documents in the case,

together with the report and recommendation, the following order is entered:
AND NOW, this 2nd day of August, 2017,
IT IS HEREBY ORDERED that this action is dismissed, with prejudice,
pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii).
The report and recommendation of Magistrate Judge Lenihan, (Docket No. [9]),
is adopted as the opinion of the Court.

s/Nora Barry Fischer
NORA BARRY FISCHER
United States District Judge

cc/ecf: Lisa Pupo Lenihan
U.S. Magistrate Judge
All parties of record
Ebony R. Mitchell
721 6th Street
McKeesport, PA 15132