Allen v. Weis Markets, Inc. et al

Filing 34

REPORT AND RECOMMENDATIONS - IT IS RECOMMENDED that the motion 19 to dismiss filed by the Weis Markets defendants (defendants Weis Markets, Inc, Wooditch, Unknown Employee No. 1 and Unknown Employee No. 2) be granted and that the claims against the se defendants be dismissed for failure to state a claim upon which relief can be granted. IT IS FURTHER RECOMMENDED that the motion 15 to dismiss filed by defendant Claeys be denied. IT IS FURTHER RECOMMENDED that the motion 9 to dismiss filed by defendant Reitz be granted. It is recommended that the plaintiff be granted leave to file an amended complaint. Finally, IT IS RECOMMENDED that the case be remanded to the undersigned for further proceedings. Objections to R&R due by 2/23/2009Signed by Magistrate Judge J. Andrew Smyser on 2/5/09. (Attachments: # 1 Notice)(rc)

UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA ARTIE J. ALLEN, : : Plaintiff : : v. : : WEIS MARKETS, INC., : TIM WOODITCH, : UNKNOWN EMPLOYEE NO.1, : UNKNOWN EMPLOYEE NO.2, : MATTHEW B. CLAEYS, : CUMBERLAND COUNTY JAIL (WARDEN),: and TWO UNKNOWN EMPLOYEES, : : Defendants : CIVIL NO. 1:07-CV-01516 (Judge Conner) (Magistrate Judge Smyser)

NOTICE Any party may obtain a review of the Report and Recommendation pursuant to Rule 72.3 of the Rules of Court, M.D.Pa., which provides:
Any party may object to a magistrate judge's proposed findings, recommendations or report addressing a motion or matter described in 28 U.S.C. § 636(b)(1)(B) or making a recommendation for the disposition of a prisoner case or a habeas corpus petition within ten (10) days after being served with a copy thereof. Such party shall file with the clerk of court, and serve on the magistrate judge and all parties, written objections which shall specifically identify the portions of the proposed findings, recommendations or report to which objection is made and the basis for such objections. The briefing requirements set forth in Local Rule 72.2 shall apply. A judge shall make a de novo determination of those portions of the report or specified proposed findings or recommendations to which objection is made and may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge. The judge, however, need conduct a new hearing only in his or her discretion or where required by law, and may consider the record developed before the magistrate judge, making his or her own determination on the basis of that record. The judge may also receive further evidence, recall witnesses or recommit the matter to the magistrate judge with instructions.