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08-817 - MILLER v. WESTMORELAND COUNTY DISTRICT ATTORNEY'S OFFICE et al


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08-817 - MILLER v. WESTMORELAND COUNTY DISTRICT ATTORNEY'S OFFICE et al
July 15, 2008
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REPORT AND RECOMMENDATION that 3 Complaint filed by LARRY MILLER be dismissed before service, pursuant to the authority granted courts by the Prison Litigation Reform Act (PLRA), for failure to state a claim upon which relief can be granted. Objections to R&R due by 8/1/2008. Signed by Magistrate Judge Amy Reynolds Hay on 7/14/2008. (dgg)
August 14, 2008
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ORDER indicating that after the Plaintiff, Larry Miller, filed an action in the above-captioned case, and after a Report and Recommendation was filed by the United States Magistrate Judge giving the plaintiff until August 1, 2008 to file written objections thereto, and no objections having been filed, and upon independent review of the record, and upon consideration of the Magistrate Judges Report and Recommendation, which is adopted as the opinion of this Court, it is hereby ordered that the complaint is dismissed before service, pursuant to the authority granted courts by the Prison Litigation Reform Act (PLRA), for failure to state a claim upon which relief can be granted; that, pursuant to Rule 4(a)(1) of the Federal Rules of Appellate Procedure, if the parties desire to appeal from this Order they must do so within thirty (30) days by filing a notice of appeal as provided in Rule 3, Fed.R.App.P. Signed by Judge Nora Barry Fischer on 8/14/08. (jg)