Curran v. Mark Zinnamosca & Associates et al

Filing 38

ORDER - IT IS HEREBY ORDERED THAT the Court adopts the Report and Recommendation of Magistrate Judge Schwab. 1) Plaintiffs Motions for Default Judgment (Doc. Nos. 15 and 17) are DENIED; 2) Defendants Mark Zinnamosca & Associates and Mark Zinnamoscas motion to dismiss (Doc. No. 9) is GRANTED without prejudice; 3) Defendants Kelly Utzs and University of Marylands Motions to Dismiss (Doc. Nos. 19 and 26) are GRANTED with prejudice. 4) Plaintiff is granted leave to amend his complaint as to the Zinn amoscadefendants, provided that the plaintiff acts within 20 days of this order. If Plaintiff does not file an amended complaint within 20 days of the date of this order, the Clerk of Court is directed to close the case. If Plaintiff files an amended complaint within 20 days of the date of this order, all further proceedings in this matter are referred to Magistrate Judge Schwab. 37 9 15 17 19 26 Signed by Honorable Yvette Kane on 1/22/14. (sc)

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

JOHN F. CURRAN, III
Plaintiff
v.
MARK ZINNAMOSCA &
ASSOCIATES, et al.
Defendants

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CIVIL ACTION NO. 1:12-cv-750
(Judge Kane)
(Magistrate Judge Schwab)

ORDER
Before the court in the above-captioned action is a January 2, 2014 Report and
Recommendation of the Magistrate Judge. No timely objections have been filed.
Accordingly, this 22nd day of January 2014, upon review of the record and the
applicable law, IT IS HEREBY ORDERED THAT the Court adopts the Report and
Recommendation of Magistrate Judge Schwab.
1) Plaintiff’s Motions for Default Judgment (Doc. Nos. 15 and 17) are DENIED;
2) Defendants Mark Zinnamosca & Associates and Mark Zinnamosca’s motion to
dismiss (Doc. No. 9) is GRANTED without prejudice;
3) Defendants Kelly Utz’s and University of Maryland’s Motions to Dismiss (Doc.
Nos. 19 and 26) are GRANTED with prejudice.
4) Plaintiff is granted leave to amend his complaint as to the Zinnamosca
defendants, provided that the plaintiff acts within 20 days of this order. If Plaintiff does
not file an amended complaint within 20 days of the date of this order, the Clerk of Court
is directed to close the case. If Plaintiff files an amended complaint within 20

days of the date of this order, all further proceedings in this matter are referred to
Magistrate Judge Schwab.

s/ Yvette Kane
YVETTE KANE, District Judge
United States t Districtn Courta n i a
M i d d l e D is tric o f P e n s ylv