MEMORANDUM OPINION
MENCER, District Judge.
Plaintiff Jonathan McClendon is an inmate at the State Correctional Institution (SCI) at Cresson, Pennsylvania. He and his wife Crystal bring this civil rights action under 42 U.S.C. § 1983 against Detective Sergeant William Turner of the Erie Police Department. Defendant has not yet been served because a Magistrate's Report and Recommendation ("MRR" or "The Report"), filed on April 22, 1991,
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