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

JACOB ALEXANDER BLINKE, : Plaintiff : No. 1:23-cv-01259 : v. : (Judge Kane) : : (Magistrate Judge Saporito) LINDY LANE SWEENEY, et al., : Defendants :

ORDER

Before the Court in the above-captioned action is the August 1, 2023 Report and Recommendation of Magistrate Judge Saporito (Doc. No. 6), recommending that the Court dismiss this action with prejudice upon a statutorily mandated screening review of pro se Plaintiff Jacob Alexander Blinke (“Plaintiff”)’s complaint because it fails as a matter of law given its assertion of

false arrest and malicious prosecution claims based on criminal charges to which he pleaded guilty.1 (Id. at 3–6.) No timely objections to the Report and Recommendation have been filed. ACCORDINGLY, on this 21st day of August 2023, upon independent review of the record and the applicable law, IT IS ORDERED THAT: 1. The Court ADOPTS the Report and Recommendation (Doc. No. 6) of Magistrate Judge Saporito;

2. This action is DISMISSED WITH PREJUDICE; and

1 Magistrate Judge Saporito’s Report and Recommendation acknowledges that typically complaints subject to dismissal under the screening provisions of

are dismissed without prejudice to a plaintiff’s ability to amend his or her complaint; however, here, based on the facts alleged in Plaintiff’s complaint and those judicially noticed, Magistrate Judge Saporito recommends that any amendment to Plaintiff’s complaint would be futile. See (id. at 6) (citing Grayson v. Mayview State Hosp.,

(3d Cir. 2002)). 3. The Clerk of Court is directed to CLOSE this case.

s/ Yvette Kane Yvette Kane, District Judge United States District Court Middle District of Pennsylvania

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