Arredondo-Meza v. Fenstermaker et al

Filing 8

ORDER ADOPTING REPORT AND RECOMMENDATIONS/ORDER REFEAND NOW, this 9th day of January, 2013, upon consideration of the report and recommendation of the magistrate judge (Doc. 7), filed December 11, 2012, to which no objections were filed, and upon ind ependent review of the record, it is ordered that: 1. The magistrate judges report is adopted. 7 2. Petitioners motion for leave to proceed in forma pauperis 2 is GRANTED. 3. Plaintiffs complaint 1 is dismissed as to the individual defendant, E rika Fenstermaker. 4. The clerk of court is directed to issue process to the United States Marshal, who shall serve the Plaintiffs Complaint (doc. 1) upon the Defendant, the United States, in accordance with Rule of Civil Procedure 4(I). 5. The above-captioned case is remanded to the magistrate judge for further proceedings, including a Report and Recommendation on dispositive motions, if necessary. Signed by Honorable William W. Caldwell on 1/9/13. (am)

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UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA IVAN ARREDONDO-MEZO, Plaintiff v. ERKIA FENSTERMAKER, et al., Defendants : : : : CIVIL NO. 1:12-CV-2457 : : : ORDER AND NOW, this 9th day of January, 2013, upon consideration of the report and recommendation of the magistrate judge (Doc. 7), filed December 11, 2012, to which no objections were filed, and upon independent review of the record, it is ordered that: 1. The magistrate judge’s report is adopted. 2. Petitioner’s motion for leave to proceed in forma pauperis (doc. 2) is GRANTED. 3. Plaintiff’s complaint is dismissed as to the individual defendant, Erika Fenstermaker. 4. The clerk of court is directed to issue process to the United States Marshal, who shall serve the Plaintiff’s Complaint (doc. 1) upon the Defendant, the United States, in accordance with Rule of Civil Procedure 4(I). 5. The above-captioned case is remanded to the magistrate judge for further proceedings, including a Report and Recommendation on dispositive motions, if necessary. /s/ William W. Caldwell William W. Caldwell United States District Judge

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