WASHINGTON v. LUCUS et al

Filing 28

MEMORANDUM ORDER granting 22 Motion to Dismiss for Failure to State a Claim. It is further Ordered that the Report and Recommendation (ECF No. 27 ) dated 3/1/2017, is adopted as the Opinion of the Court. It is further Ordered that the Clerk of C ourt mark this case Closed. And it is further Ordered that pursuant to Rule 4(a)(1) of the Federal Rules of Appellate Procedure, Plaintiff has thirty (30) days to file a notice of appeal as provided by Rule 3 of the Federal Rules of Appellate Procedure, and as more fully stated in said Memorandum Order. Signed by Judge Kim R. Gibson on 3/28/2017. (dlg)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
BILAL WASHINGTON,
Plaintiff,
V.

PENNY LUCUS, et al.,
Defendants.

)
)
)
)
)
)
)
)

Civil Action No. 3:16-cv-00123
United States District Judge
Kim R. Gibson

MEMORANDUM ORDER
This case was commenced on June 6, 2016, and was referred to United States Magistrate
Judge Cynthia Reed Eddy for pretrial proceedings in accordance with the Magistrate Judges Act,
28 U.S.C. § 636(b)(I), and the Local Rules of Court for Magistrate Judges. Upon Plaintiffs
compliance with the statutory requirements, his motion to proceed informa pauperis was granted
on July 13, 2016. (ECF No. 7.)
Defendants filed a motion to dismiss (ECF No. 22) arguing that the Amended Complaint
should be dismissed for failure to state a claim, to which Plaintiff responded in opposition (ECF
No. 25). On March I, 2017, Magistrate Judge Eddy filed a Report and Recommendation (ECF
No. 27) recommending that Defendants' motion to dismiss be granted. Plaintiff was served with
the Report and Recommendation at his listed address and was advised that he had until March
20, 2017, to file written objections to the Report and Recommendation. To date, Plaintiff has
not filed any objections nor has he sought an extension of time in which to do so.
After de nova review of the pleadings and documents in the case, together with the
Report and Recommendation, the following order is entered:
AND NOW, this 2g+2ay of March, 2017:
I.

Defendants' motion to dismiss (ECF No. 22) is GRANTED; and
I

2.

IT IS FURTHER ORDERED that the Report and Recommendation (ECF No.

27) dated March 1, 2017, is ADOPTED as the Opinion of the Court.

IT IS FURTHER ORDERED that the Clerk of Court mark this case CLOSED.
AND IT IS FURTHER ORDERED that pursuant to Rule 4(a)(l) of the Federal Rules
of Appellate Procedure, Plaintiff has thirty (30) days to file a notice of appeal as provided by
Rule 3 of the Federal Rules of Appellate Procedure.

BY THE COURT:

~~

Kim R. Gibson
United States District Judge

cc:

BILAL WASHINGTON
DN-6273
SCI Somerset
1600 Walters Mill Road
Somerset, PA 15510
(via U.S. First Class Mail)
Mary Lynch Friedline
Office of Attorney General
(via ECF electronic notification)
Timothy Mazzocca
Office of Attorney General
(via ECF electronic notification)

2