HENSLEY v. SWANSON

Filing 11

MEMORANDUM ORDER: AND NOW, this 3rd day of January 2025; IT IS ORDERED that this matter is dismissed for failure to state a claim pursuant to 28 U.S.C. § 1915A and 28 U.S.C. 1915(e)(2), with prejudice. IT IS FURTHER ORDERED that the order direct ing service, ECF No. 6 , is hereby revoked. AND, IT IS FURTHER ORDERED that the report and recommendation of Magistrate Judge Pesto, issued on October 30, 2024, ECF No. 8 , is adopted as the opinion of the court. Signed by Judge Susan Paradise Baxter on 1/3/2025. (snc)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA

JOSEPH HENSLEY,
Plaintiff,
v.
ALICIA SWANSON,
Defendant.

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Case No. 3:24-CV-124

MEMORANDUM ORDER
This action was received by the Clerk of Court on June 4, 2024. The matter was
ultimately assigned and referred to United States Magistrate Judge Keith A. Pesto, for report and
recommendation in accordance with the Magistrate Judges Act, 28 U.S.C. § 636(b)(1), and Rules
72.1.3 and 72.1.4 of the Local Rules for Magistrate Judges.
On October 30, 2024, Judge Pesto issued a Report and Recommendation recommending
that this matter be dismissed for failure to state a claim without leave to amend. He further
recommended that a prior order directing service be revoked. ECF No. 8. To date, no objections
to the Report and Recommendation have been filed.
“If a party objects timely to a magistrate judge's report and recommendation, the district
court must ‘make a de novo determination of those portions of the report or specified proposed
findings or recommendations to which objection is made.’” EEOC v. City of Long Branch, 866
F.3d 93, 99 (3d Cir. 2017) quoting 28 U.S.C. § 636(b)(1). Regardless of whether timely
objections are made, district courts may accept, reject, or modify—in whole or in part—
the magistrate judge's findings or recommendations. 28 U.S.C. § 636(b)(1); Local Rule 72(D)(2).

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After de novo review of the complaint and documents in the case, together with the report
and recommendation, the following order is entered:

AND NOW, this 3rd day of January 2025;
IT IS ORDERED that this matter is dismissed for failure to state a claim pursuant to 28
U.S.C. § 1915A and 28 U.S.C. § 1915(e)(2), with prejudice.
IT IS FURTHER ORDERED that the order directing service [ECF No. 6] is hereby
revoked.
AND, IT IS FURTHER ORDERED that the report and recommendation of Magistrate
Judge Pesto, issued on October 30, 2024 [ECF No. 8] is adopted as the opinion of the court.

/s/ Susan Paradise Baxter
SUSAN PARADISE BAXTER
United States District Judge

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