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08-619 - MALARIK v. PORT AUTHORITY TRANSIT OF ALLEGHENY COUNTY et al


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08-619 - MALARIK v. PORT AUTHORITY TRANSIT OF ALLEGHENY COUNTY et al
October 16, 2008
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REPORT AND RECOMMENDATION that the Complaint filed by JAMES M. MALARIK 3 be dismissed in accordance with the Prison Litigation Reform Act, 28 U.S.C. § 1915(e)(2)(B)(ii) and/or 28 U.S.C. § 1915A for failure to state a claim upon which relief can be granted under 42 U.S.C. § 1983. Objections to R&R due by 11/3/2008. Signed by Judge Lisa Pupo Lenihan on October 16, 2008. (far)
November 10, 2008
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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)(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. Signed by Judge Donetta W. Ambrose on 11/10/08. (jlh )MEMORANDUM ORDER: IT IS HEREBY ORDERED that the Complaint is DISMISSED for failure to state a claim upon which relief may be granted. IT IS FURTHER ORDERED that the Report and Recommendation 9 of Magistrate Judge Lenihan dated October 16, 2008, is