MUHAMMAD v. WETZEL et al

Filing 31

MEMORANDUM ORDER granting 25 Motion to Dismiss and the complaint is dismissed without leave to amend; 30 Report and Recommendation is adopted as the opinion of the Court. The Clerk shall mark this matter closed, and as more fully stated in said Memorandum Order. Signed by Judge Kim R. Gibson on 10/29/2013. (dlg)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
CARLOS MUHAMMAD,
Plaintiff

v.

Case No. 3:13-cv-85-KRG-KAP

JOHN E. WETZEL, et al.,
Defendants
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 Rule 72 for Magistrate Judges.
The Magistrate Judge filed a Report and Recommendation
on

October

10,

2013,

docket

no.

30,

recommending

that

the

defendants' motion to dismiss, docket no. 25, be granted.
The plaintiff was notified that pursuant to 28 U.S.C.§
636(b) (1), he had fourteen days to file written objections to the
Report and Recommendation.

Plaintiff has not filed objections and

the time to do so has expired.
After
Recommendation,

review
and

of

the

record

noting

the

absence

thereto, the following order is entered:

and
of

the
timely

Report

and

objections

AND NOW, this

~~ay

of October, 2013, it is

ORDERED that the defendants' motion to dismiss, docket
no. 25, is granted and the complaint is dismissed without leave to
amend.

The Report and Recommendation is adopted as the opinion of

the Court.

The Clerk shall mark this matter closed.
BY THE COURT:

KIM R. GIBSON,
UNITED STATES DISTRICT JUDGE
Notice to counsel of record by ECF and by U.S. Mail to:
Carlos Muhammad CA-8079
S.C.I. Somerset
1600 Walters Mill Road
Somerset, PA 15510

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