IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA

RALPH W. MCCLAIN, JR. : CIVIL ACTION Plaintiff, pro se : : NO. 19-5148 v. : : WENDY SHAYLOR, et al., : : Defendants :

O R D E R

AND NOW, this 31st day of March 2020, upon consideration of the Report and Recommendation issued on March 2, 2020, by the Honorable Lynne A. Sitarski, United States Magistrate Judge (the “Magistrate Judge”), [ECF 11], to which no objections were filed by Plaintiff Ralph W. McClain, Jr., (“Plaintiff”), and after a careful and independent review of the complaint, [ECF 1], it is hereby ORDERED that the Report and Recommendation is APPROVED and ADOPTED. 1 Accordingly, the underlying motion to dismiss filed by Defendants Phillip Washington and Zaida Melendez, [ECF 3], is GRANTED, and: 1. Plaintiff’s claims against Defendants Phillip Washington and Zaida Melendez, in their official capacity, are DISMISSED, WITH PREJUDICE; 2. Plaintiff’s claims against Defendants Phillip Washington and Zaida Melendez, in their individual capacities, for alleged violation of Plaintiff’s First Amendment

1 As noted, the Report and Recommendation (the “R&R”), was submitted on March 2, 2020. As of the date of this Order, Plaintiff has not filed any objection and/or response to the R&R. Therefore, review of the R&R is under the “plain error” standard. See Facyson v. Barnhart,

, at *2 (E.D. Pa. May 30, 2003). Under this plain error standard of review, an R&R should only be rejected if the magistrate judge commits an error that was “(1) clear or obvious, (2) affect[ed] ‘substantial rights,’ and (3) seriously affected the fairness, integrity or public reputation of judicial proceedings.” Leyva v. Williams,

(3d Cir. 2007) (internal quotations and citations omitted). Here, after a thorough, independent review of the record and the R&R, this Court finds the Magistrate Judge did not commit any error and, therefore, approves and adopts the R&R in its entirety. rights to access the courts are DISMISSED, WITHOUT PREJUDICE. Plaintiff has leave to file an amended complaint reasserting his First Amendment claims against Defendants Washington and Mendez, if appropriate, by May 1, 2020.

BY THE COURT:

/s/ Nitza I. Quiñones Alejandro NITZA I. QUIÑONES ALEJANDRO Judge, United States District Court