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18-052 - EAVES v. CITY OF MCKEESPORT POLICE DEPT. et al


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18-052 - EAVES v. CITY OF MCKEESPORT POLICE DEPT. et al
February 1, 2018
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REPORT AND RECOMMENDATION re 3 Complaint filed by ANTHONY EAVES, recommending that pursuant to the screening provisions of the PLRA, the Complaint be dismissed as frivolous or for failure to state a claim upon which relief can be granted. Objections to R&R for Unregistered ECF Users due by 2/20/2018. Signed by Chief Magistrate Judge Maureen P. Kelly on 2/1/2018. (Attachments: # (1) Appendix, # (2) Appendix, # (3) Appendix, # (4) Appendix). A copy of this Notice of Electronic Filing along with the Report and its appendices are being sent to Plaintiff at his address of record via first class mail. (tmr)
February 27, 2018
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ORDER indicating that Magistrate Judge's Report and Recommendation 4 is adopted as the Opinion of this Court; that Plaintiff's Complaint 3 is dismissed pursuant to 28 U.S.C. ยง 1915(e) for failure to state a claim and as it is a frivolous, repetitious lawsuit to the prior lawsuit filed by Plaintiff at Civil Action No. 17-886 which was dismissed by the Court for failure to state a claim, and from which no timely appeal was taken by the Plaintiff making such decision final; that leave to amend the Complaint is DENIED, as any amendment of Plaintiff's Complaint would be futile; that the Clerk of Court shall mark this closed; that, pursuant to Rule 4(a)(1) of the Federal Rules of Appellate Procedure, if any party wishesscher on 2/27/18. (jg) to appeal from this Order a notice of appeal, as provided in Fed. R. App. P. 3, must be filed with the Clerk of Court, United States District Court, at 700 Grant Street, Room 3110, Pittsburgh, PA 15219, within 30 days. Signed by Judge Nora Barry Fi