McClain v. Kale et al

Filing 48

ORDER ADOPTING REPORT AND RECOMMENDATIONS/REMANDING CASE - AND NOW, this 5th day of August, 2011, upon con. of the R&R of Mag. Judge Smyser, to which no objs. has been filed, it is ORDERED that the Report 46 is approved. Pur. to the Mag. Judge' ;s recommendation, it is ORDERED as follows: 1. The claims against Captain Does 1-4 & Nurse Does 1 & 2 are dism'd pur. to FRCP 4(m). 2. This case is remanded to Judge Smyser for further proceedings. (See order) Signed by Honorable William W. Caldwell on 8/5/11. (am, )

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
RALPH W. MCCLAIN, JR.,
Plaintiff
v.
DR. KALE, M.D., et al.,
Defendants

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CIVIL NO. 1:10-CV-35

ORDER
AND NOW, this 5th day of August, 2011, upon consideration of the
Report and Recommendation of Magistrate Judge Smyser, to which no objection has
been filed, it is ORDERED that the Report (Doc. 46) is approved. Pursuant to the
Magistrate Judge’s recommendation, it is ORDERED as follows:
1. The claims against Captain Does 1-4 and Nurse
Does 1 and 2 are dismissed pursuant to Fed. R. Civ. P.
4(m)
2. The case is remanded to Judge Smyser for further
proceedings.

/s/ William W. Caldwell
William W. Caldwell
United States District Judge