Wiley v. The Whitaker Center for Science & Arts

Filing 21

ORDER ADOPTING REPORT AND RECOMMENDATION of Magistrate Judge Carlson 12 , GRANTING deft's motion to dismiss 6 , DISMISSING pltf's complaint w/out prejudice - pltf granted leave to file amended complaint w/in 20 days of date of this order addressing deficiencies noted in Judge Carlson's R&R w/ failure to timely file amended complaint to be deemed abandonment of claims & matter being dismissed w/ prejudice, & REMANDING case to MJ Carlson for further proceedings. (See order for complete details.) Signed by Honorable Christopher C. Conner on 09/18/12. (ki)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA

JAMES LUTHER WILEY,
Plaintiff

:
:
:
v.
:
:
WHITAKER CENTER FOR SCIENCE :
AND ARTS,
:
Defendant
:

CIVIL ACTION NO. 1:12-CV-328
(Judge Conner)

ORDER
AND NOW, this 18th day of September, 2012, upon consideration of the
Report and Recommendation of United States Magistrate Judge Martin C. Carlson
(Doc. 12), recommending that defendant’s motion to dismiss (Doc. 6) be granted and
plaintiff’s complaint (Doc. 1) be dismissed without prejudice, and, following an
independent review of the record and noting that plaintiff filed objections to the
report on May 29, 2012 (Doc. 15) which were withdrawn on June 6, 2012 (Doc. 17), it
is hereby ORDERED that:
1.

The Report and Recommendation of Magistrate Judge Carlson (Doc.
12) are ADOPTED.

2.

Defendant’s motion to dismiss (Doc. 6) is GRANTED.

3.

Plaintiff’s complaint (Doc. 1) is DISMISSED without prejudice.
Plaintiff is granted leave to file an amended complaint within twenty
(20) days of the date of this order, which must address the deficiencies
noted in Judge Carlson’s Report and Recommendation. Failure to file
an amended complaint in a timely fashion shall be deemed an
abandonment of these claims and this matter shall be dismissed with
prejudice.

4.

The above-captioned case is REMANDED to Magistrate Judge Carlson
for further proceedings.

S/ Christopher C. Conner
CHRISTOPHER C. CONNER
United States District Judge