CUFFIE v. MACY'S
MEMORANDUM ORDER adopting in part 10 Report and Recommendations. Because Plaintiff has already filed his Third Amended Complaint, the part of the Report & Recommendation recommending leave to amend has been rendered moot. Signed by Judge Arthur J. Schwab on 9/1/2017. (eet)
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
District Judge Arthur J. Schwab
Magistrate Judge Lisa Pupo Lenihan
ECF No. 10
This pro se civil rights action was commenced on June 20, 2017. The Complaint
was filed in the above captioned case on June 26, 2017, after Plaintiff’s Motion to
Proceed In Forma Pauperis was granted.
The case was 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)(1), and Local Rules of Court 72.C and 72.D.
The Magistrate Judge's Report and Recommendation (ECF No. 10), filed on
August 17, 2017 (ECF No. 10) recommended that this civil action be dismissed without
prejudice under 28 U.S.C. §1915(e)(2)(B)(ii) for failure to state a claim upon which relief
may be granted, and that Plaintiff be granted leave to file a third amended complaint, to
correct the deficiencies noted in the Report and Recommendation, within fourteen (14)
days of the date of the District Judge’s order on the Report and Recommendation. The
Report and Recommendation further recommended that if Plaintiff failed to timely file
a third amended complaint or notified the Court that he did not intend to file a third
amended complaint, that the case be dismissed with prejudice.
Service of the Report and Recommendation was made on Plaintiff at his address
of record, 1716 Davidson Street, Aliquippa, PA 15001, via U.S. First Class Mail. Plaintiff
was informed that in accordance with the Magistrate Judges Act, 28 U.S.C. §
636(b)(1)(B) and (C), and Rule 72.D.2 of the Local Rules of Court, that he had seventeen
(17) days to file any objections. Prior to the deadline for filing objections, Plaintiff filed
his Third Amended Complaint (ECF No. 11) on August 31, 2017. Plaintiff has not filed
any objections to the Report and Recommendation.
After review of the pleadings and documents in the case, together with the
Report and Recommendation, the following Order is entered:
AND NOW, this 1st day of September, 2017,
IT IS HEREBY ORDERED that the Report and Recommendation (ECF No. 10) is
ADOPTED IN PART AND REJECTED IN PART. The Report and Recommendation is
adopted in full except with regard to granting Plaintiff fourteen (14) days from the date
of this Order to file a Third Amended Complaint. Because Plaintiff has already filed his
Third Amended Complaint, the part of the Report & Recommendation recommending
leave to amend has been rendered moot, and therefore, is rejected.
IT IS FURTHER ORDERED that the Report and Recommendation (ECF No. 10)
of Magistrate Judge Lenihan, dated August 17, 2017, is adopted as the opinion of the
BY THE COURT:
s/Arthur J. Schwab
ARTHUR J. SCHWAB
United States District Judge
Kwai Cuffie, Pro Se Plaintiff
1716 Davidson Street
Aliquippa, PA 15001
Via U.S. First Class Mail
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