Ball v. Powley et al

Filing 78

ORDER - IT IS HEREBY ORDERED that the 74 REPORT AND RECOMMENDATION is ADOPTED and DFts 59 Motion to Dismiss is GRANTED WITHOUT PREJUDICE to pltf's right to file an amdcmp w/i 20 days of the date of this order. Signed by Chief Judge Yvette Kane on June 28, 2012. (sc)

UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
DAWN MARIE BALL,
Plaintiff
v.
POWLEY, et al.,
Defendants

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Civil No. 1:11-CV-1832
(Chief Judge Kane)
(Magistrate Judge Carlson)

ORDER
THE BACKGROUND OF THIS ORDER IS AS FOLLOWS:
On March 19, 2012, Defendants filed a motion to dismiss Plaintiff Dawn Marie Ball’s
complaint pursuant to Rule 12(b) of the Federal Rules of Civil Procedure. (Doc. No. 59.)
Magistrate Judge Martin Carlson issued a Report and Recommendation on June 5, 2012, in
which he recommended that this Court grant the motion to dismiss. (Doc. No. 74.) Plaintiff was
directed to file any objections to the Report and Recommendation on or before June 22, 2012.
(Id.) To date, Plaintiff has failed to raise any objections to the Report and Recommendation.
The Court has reviewed Magistrate Judge Carlson’s Report and Recommendation and detects no
error therein.
ACCORDINGLY, on this 28th day of June 2012, IT IS HEREBY ORDERED THAT
the Report and Recommendation (Doc. No. 74) is ADOPTED and Defendants’ motion to
dismiss (Doc. No. 59) is GRANTED WITHOUT PREJUDICE to Plaintiff’s right to file an
amended complaint within twenty days of the date of this order. If Plaintiff fails to submit an
amended complaint within the time specified the Clerk of Court will be directed to close the
case. In the event that Plaintiff does file an amended complaint, such complaint will be referred
to Magistrate Judge Martin Carlson for the purposes of pretrial management and the issuance of
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any Reports and Recommendations that may be necessary.
S/ Yvette Kane
Yvette Kane, Chief Judge
United States District Court
Middle District of Pennsylvania

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