EAVES v. CITY OF MCKEESPORT POLICE DEPT. et al

Filing 6

ORDER indicating that Magistrate Judge's Report and Recommendation 4 is adopted as the Opinion of this Court; that Plaintiff's Complaint 3 is dismissed pursuant to 28 U.S.C. § 1915(e) for failure to state a claim and as it is a fr ivolous, repetitious lawsuit to the prior lawsuit filed by Plaintiff at Civil Action No. 17-886 which was dismissed by the Court for failure to state a claim, and from which no timely appeal was taken by the Plaintiff making such decision final; tha t leave to amend the Complaint is DENIED, as any amendment of Plaintiff's Complaint would be futile; that the Clerk of Court shall mark this closed; that, pursuant to Rule 4(a)(1) of the Federal Rules of Appellate Procedure, if any party wishes to appeal from this Order a notice of appeal, as provided in Fed. R. App. P. 3, must be filed with the Clerk of Court, United States District Court, at 700 Grant Street, Room 3110, Pittsburgh, PA 15219, within 30 days. Signed by Judge Nora Barry Fischer on 2/27/18. (jg)