Brett v. Izzi et al

Filing 9

MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that 1) The Court ADOPTS the 8 REPORT AND RECOMMENDATION of MJ Blewitt. 2)Pltf's mtn for leave to file IFP is GRANTED. 3)Pltf's clms against Dfts Oriel and Christine are DISMISSED WITH PREJUDICE. 4)The case, as against Dft Izzi is TRANSFERRED to the EDPA for further proceedings. 1 2 Signed by Chief Judge Yvette Kane on Nov. 1, 2011. (sc)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
FRANK BRETT,
Plaintiff

v.
FRANK IZZI, et. al,
Defendants

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Civil Action No. 1:11-cv-01528
(Chief Judge Kane)

ORDER
THE BACKGROUND OF THIS ORDER IS AS FOLLOWS:
Presently pending before the Court is Magistrate Judge Blewitt’s Report and
Recommendation (Doc. No. 8), recommending that Plaintiff’s motion to proceed in forma
pauperis (Doc. No. 2) be granted, and that the Court dismiss all claims against Defendants Oriel
and Christine with prejudice. Judge Blewitt also recommended that the Court dismiss all claims
against Defendant Izzi and deny Plaintiff’s motion for appointment of counsel (Doc. No. 5) and
motion for leave to file exhibits (Doc. No. 6) as moot, or, in the alternative, to transfer Plaintiff’s
case, as against Defendant Izzi, to the United States District Court for the Eastern District of
Pennsylvania pursuant to 28 U.S.C. § 1404(a). No timely objections have been filed.
ACCORDINGLY, on this 31st day of October 2011, upon review of the record and the
applicable law, IT IS HEREBY ORDERED THAT:
1.

The Court adopts the Report and Recommendation of Magistrate Judge Blewitt.

2.

Plaintiff’s motion for leave to proceed in forma pauperis is GRANTED.

3.

Plaintiff’s claims against Defendants Oriel and Christine are DISMISSED WITH
PREJUDICE.

4.

The case, as against Defendant Izzi, is TRANSFERRED to the Eastern District of
Pennsylvania for further proceedings.

S/ Yvette Kane
Yvette Kane, Chief Judge
United States District Court
Middle District of Pennsylvania