FORI NTH TEH WE EUSNTIETERDN SDTISATTREISC DTI OSTFR PIECNTN CSOYULRVTA NIA ANTHONY TUSWEET SMITH, ) ) ) Plaintiff ) ) 22-cv-529-NR-MPK ) v. ) ) PENNSYLVANIA STATE POLICE; ) District Judge J. Nicholas Ranjan JENNIFER ANNE PETERSON- ) BUCK; LINDA H. BARR; CARSON B. ) Magistrate Judge Maureen P. Kelly ) MORRIS; and PENNSYLVANIA ) ATTORNEY GENERAL, ) ) ) Defendants. ORDER This is a pro se civil rights action filed pursuant to

. It was referred to Magistrate Judge Kelly for proceedings in accordance with the Magistrates Act,

(b)(1) and the Local Rules of Court applicable to Magistrate Judges. Currently before the Court is Judge Kelly’s Report & Recommendation (ECF 24) pertaining to Defendants’ motion to dismiss (ECF 13). Mr. Smith did not file objections. See ECF 24 (setting April 21, 2023 as the deadline for objections). The Court therefore considers the unchallenged R&R only for clear error. Fed. R. Civ. P. 72(b). After carefully considering Judge Kelly’s R&R, the Court discerns no clear error and therefore adopts it as the opinion of the Court. Defendants’ motion to dismiss is hereby GRANTED, and Mr. Smith’s claims are hereby DISMISSED without prejudice. The Clerk of Court shall mark this case as CLOSED. Consistent with the R&R, Mr. Smith may file a motion to re-open the case and seek leave to amend his complaint if and when his underlying conviction or sentence is reversed, vacated, or otherwise invalidated. Heck v. Humphrey,

(1994). DATE: May 1, 2023 BY THE COURT: /s/ J. Nicholas Ranjan United States District Judge