BEARAM v. WIGENS

Filing 20

MEMORANDUM ORDER - it is Ordered that the defendant's motion to dismiss, docket no. 13 , is granted and the complaint is dismissed for failure to state a claim. Further leave to amend would be inequitable and is denied; 19 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 5/16/2013. (dlg)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
MICHAEL BEARAM,
Plaintiff

v.

Case No. 3:13-cv-91-KRG-KAP

GEORGE C. WIGEN, WARDEN,
MOSHANNON VALLEY CORRECTIONAL
CENTER,
Defendant
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.
After screening the complaint under 28 U.S.C.§ 1915A, the
Magistrate Judge filed a Report and Recommendation on April 19,
2013, docket no.

19, recommending that the defendant's motion to

dismiss, docket no. 13, be granted and the complaint be dismissed
for failure to state a claim, and also dismissed as duplicative of
Bearam v.

Wigen,

Case No.

3:13-cv-50-KRG-KAP

2013), appeal docketed No. 13-2167
The

parties

were

(W.D.Pa. April 10,

(3d Cir.).

notified,

pursuant

to

28

U.S.C.§

636(b) (1), that they had fourteen days to file written objections
to the Report and Recommendation.

No objections have been filed

and the time to do so has expired.
Upon review of the Report and Recommendation, and noting
the absence of timely objections thereto,
entered:

the following order is

AND NOW, this

~~ay

of May, 2013, it is

ORDERED that the defendant's motion to dismiss, docket
no. 13, is granted and the complaint is dismissed for failure to
state a claim.
denied.

Further leave to amend would be inequitable and is

The Report and Recommendation is adopted as the opinion

of the Court.

The Clerk shall mark this matter closed.

B~~
KIM R. GIBSON,
UNITED STATES DISTRICT JUDGE
Notice to counsel of record by ECF and by U.S. Mail to:
Michael Bearam, Reg. No. 63141-053
Moshannon Valley Correctional Center
P.O. Box 2000
Philipsburg, PA 16866-0798

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