NEWMAN v. BEARD

3:06-cv-00214 | W.D. Pa. | May 21, 2008

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA CLIFFORD T. NEWMAN, Plaintiff, : V. : CaSe NO. 3:06-CV-214-KRG-KAP JEFFREY A. BEARD, SECRETARY, PENNSYLVANIA DEPARTMENT OF CORRECTIONS, MICHAEL GREEN, CHAIR OF THE PENNSYLVANIA BOARD OF PROBATION AND PAROLE, and DIANE L. DOMBACH, DIRECTOR, SEXUAL OFFENDERS ASSESSMENT BOARD, 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(b)(1), and subsections 3 and 4 of Local Rule 72.1 for Magistrate Judges. The Magistrate Judge filed a Report and Recommendation on.April 30, 2008, docket no. 30, recommending that the defendants' motion to dismiss the amended complaintl docket no. 19, be granted. The parties were notified that pursuant to 28 U.S.C.§ 636(b)(l), they had ten days to file written objections to the Report and Recommendation. Plaintiff filed timely objectionsl docket no. 33, which restate the claims made in the complaint. After de novo review of the record of this matter, the Report and Recommendation, and the objections theretol the following order is entered: 14 AND NOW, this __;z_ day of May, 2008, it is ORDERED that the defendants' motion to dismiss the amended complaint, docket no. 19, is granted, and the complaint is dismissed for failure to state a claim. The Report and Recommendation is adopted as the opinion of the Court. The Clerk BY THE %COURMMM KIM R. GIBSON, UNITED STATES DISTRICT JUDGE shall mark this matter closed. Notice by ECF to counsel of record and by U.S. Mail to: Clifford T. Newman AT-0783 S.C.I. Houtzdale P.O. BOX 1000 Hou'tzdale, PA 16698-1000