MCNEIL v. GRIM et al

Filing 15

MEMORANDUM ORDER - it is Ordered that the Amended Complaint is dismissed for failure to state a claim; 2 Report and Recommendation and 11 Report and Recommendation, as relevant, are adopted as the opinion of the Court. No further leave to amend is granted. The Clerk shall mark this matter closed, and as more fully stated in said Memorandum Order. Signed by Judge Kim R. Gibson on 9/26/2017. (dlg)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
ANTHONY McNEIL,
Plaintiff,
v.
MR. GRIM, et al.,
Defendants

Case No. 2:17-cv-578-KAP

Memorandum Order
This matter was referred to Magistrate Judge Keith A.
Pesto for pretrial proceedings in accordance with the Magistrates
Act, 28 U.S.C.§ 636, and Local Civil Rule 72 for Magistrate Judges.
The Magistrate Judge, after screening the complaint as
required by 28 U.S.C.§ 1915A, filed a Report and Recommendation on
May

9,

2017,

ECF

no.

2,

recommending

that

the

complaint

be

dismissed for failure to state a claim, but with leave to amend.
After screening the amended complaint, the Magistrate Judge filed
a

Report

and

Recommendation

on

July

21,

2017,

ECF

no.

11,

recommending that the complaint be dismissed for failure to state
a claim without further leave to amend.
The plaintiff was notified that pursuant to 28 U.S.C.§
636(b) (1),

he had fourteen days to file objections.

filed what he

titled as

an

"Amended Complaint,"

reviewed de novo under 28 U.S.C.§ 1915A.
complaint

suffers

from

the

same

Plaintiff

which I

have

The proposed amended

defects

Recommendations noted in the previous versions.

the

Reports

and

Upon de novo review of the record in this matter, the
Reports and Recommendations, and the proposed amended complaint at
ECF no. 12, the following order is entered:
AND NOW, this

20+~y of

ORDERED

the Amended Complaint

that

failure to state a claim.
relevant,
leave

September, 2017, it is
is

dismissed for

The Reports and Recommendations,

are adopted as the opinion of the Court.

to amend is granted.

as

No further

The Clerk shall mark this matter

closed.
BY THE COURT:

KIM R. GIBSON,
UNITED STATES DISTRICT JUDGE
Notice by U.S. Mail to:
Anthony McNeil FK-8759
S.C.I. Greene
175 Progress Drive
Waynesburg, PA 15370

2