SPADA v. BOLT

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AUTHENTICATA
U.S. GOVERNME
INFORMATIO!

GA

Case 1:26-cv-00223-SPB-CBB Document5 Filed 10/16/26 Page1of2

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

ZACHARY THOMAS SPADA, )
Plaintiff, ) Civil Action No. 26-223 Erie
v. )
) District Judge Susan Paradise Baxter
SEAN BOLT, ) Magistrate Judge Christopher B. Brown
)
Defendants. )
MEMORANDUM ORDER

Plaintiff Zachary Thomas Spada initiated this action on September 8, 2026, by filing a
motion to proceed in forma pauperis (“ifp motion”) [ECF No. 1] with an attached one-page pro
se complaint [ECF No. 1-1]. The matter was referred to United States Magistrate Judge
Christopher B. Brown 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 ifp motion was granted on September 9, 2026, at which time Plaintiffs
complaint was formally docketed. [ECF No. 3]. In his complaint, Plaintiff alleges that, on or
about September 5, 2018, while a pretrial detainee in Erie County Prison, he was sexually
assaulted by Defendant Sean Bolt, a corrections officer.

After reviewing Plaintiff’s complaint under the screening provisions of 28 U.S.C.

§ 1915(e), Judge Brown issued a Report and Recommendation on September 14, 2026,
recommending that the complaint be dismissed, with prejudice, because Plaintiffs claim is
barred by the applicable two-year statute of limitations and any attempt to amend the complaint

would be futile. [ECF No. 4]. No timely objections to the R&R have been filed.

Case 1:26-cv-00223-SPB-CBB Document5 Filed 10/16/26 Page 2of2

After de novo review of the complaint, together with the report and recommendation, the
following order is entered:
AND NOW, this 16th day of October, 2026;
IT IS HEREBY ORDERED that this case is DISMISSED, with prejudice, pursuant to
28 U.S.C. § 1915(e), because Plaintiffs claim is barred by the applicable two-year statute of
limitations. The report and recommendation of Magistrate Judge Brown, issued September 14,
2026 [ECF No. 4], is adopted as the opinion of the Court.

The Clerk is directed to mark this case CLOSED.

SUSAN PARADISE BAXTER
United States District Judge

ce: The Honorable Christopher B. Brown
United States Magistrate Judge

all parties of record