MILLIGAN v. ALEX et al

Filing 34

MEMORANDUM ORDER. For the reasons stated in the filing at this docket entry, the Court ADOPTS the Report and Recommendation (Doc. 33 ) as the opinion of the District Court. Accordingly, Defendants' Motion to Dismiss (Doc. 25 ) is GRANTED. Plaintiff's claims are DISMISSED with prejudice. The Court's judgment order will follow. Signed by Judge Cathy Bissoon on 7/31/19. (rdl)

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA RAMON L. MILLIGAN, Plaintiff, v. CORPORAL ALEX JACOB, et al., Defendants. ) ) ) ) ) ) ) ) ) Civil Action No. 18-496 Judge Cathy Bissoon Magistrate Judge Lisa Pupo Lenihan MEMORANDUM ORDER This case has been referred to United States Magistrate Judge Lisa Pupo Lenihan for pretrial proceedings in accordance with the Magistrates Act, 28 U.S.C. §§ 636(b)(l)(A) and (B), and Local Rule of Civil Procedure 72. On July 8, 2019, the Magistrate Judge issued a Report and Recommendation (Doc. 33) (the “Report”). The Report recommends that Defendants’ Motion to Dismiss (Doc. 25) be granted and that Plaintiff’s claims be dismissed with prejudice, as the facts averred preclude possible theories of recovery, and further opportunities to amend would be futile. (Report at 22.) Plaintiff’s deadline for objections to the Report was July 25, 2019. (Docket Text at Doc. 33.) To date, no objections have been filed. The Court has conducted a de novo review of the pleadings and documents in this case, together with the Report. Agreeing with the Report’s conclusions, the Court hereby adopts the Magistrate Judge’s Report as the opinion of the District Court for substantially the same reasons as stated by the Magistrate Judge in her Report. Accordingly, the Court orders as follows: 1 Defendants’ Motion to Dismiss (Doc. 25) is GRANTED. Plaintiff’s claims are DISMISSED with prejudice. The Court’s judgment order will follow. IT IS SO ORDERED. July 31, 2019 s/Cathy Bissoon Cathy Bissoon United States District Judge cc (via ECF email notification): All Counsel of Record cc (via First-Class U.S. Mail): RAMON L. MILLIGAN 877 VanKirk Street Clairton, PA 15025 2

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