Opinion
C. A. 21-344 Erie
05-31-2023
BENNIE D. GRAVES, Plaintiff, v. KENNETH J. GAMBLE, et al., Defendants.
Richard A. Lanzillo, Magistrate Judge
MEMORANDUM ORDER
Susan Paradise Baxter, District Judge
Plaintiff Bennie D. Graves, an inmate incarcerated at the State Correctional Institution at Albion, Pennsylvania, initiated this civil rights action on December 13, 2021, by filing a motion to proceed in forma pauperis (“ifp motion”), accompanied by a pro se complaint against three Defendants: Erie County Prothonotary Kenneth J. Gamble; Deputy Prothonotary Kelly Malone; and Erie County Sheriff John Loomis (“Loomis”). This matter was referred to United States Magistrate Judge Richard A. Lanzillo for report and recommendation in accordance with the Magistrates Act, 28 U.S.C. § 636(b)(1), and Rules 72.1.3 and 72.1.4 of the Local Rules for Magistrates.
Plaintiff's claims against Defendant Loomis were subsequently dismissed as frivolous by Memorandum Order dated July 14, 2022 [ECF No. 12].
On September 9, 2022, remaining Defendants Gamble and Malone filed a motion to dismiss for failure to state a claim [ECF No. 21], asserting, inter alia, that Plaintiff's claims against them are barred by quasi-judicial immunity and/or qualified immunity. After the motion was fully briefed by the parties, Judge Lanzillo issued a Report and Recommendation on April 10, 2023 (“R&R”) recommending that Defendants' motion be granted and all of Plaintiff's remaining claims be dismissed [ECF No. 31]. Objections to the R&R were originally due to be filed by April 27, 2023, which deadline was subsequently extended to May 26, 2023; nonetheless, no objections have been filed.
After de novo review of the complaint and documents in this case, together with the report and recommendation, the following order is entered:
AND NOW, this 31st day of May, 2023;
IT IS HEREBY ORDERED that Defendants' motion to dismiss for failure to state a claim [ECF No. 21] is GRANTED and all of Plaintiff's remaining claims are DISMISSED, with prejudice. The report and recommendation of Magistrate Judge Lanzillo, issued April 10, 2023 [ECF No. 31], is adopted as the opinion of the court.
The Clerk is directed to mark this case CLOSED.