Forshey v. Huntingdon County et al

Filing 48

ORDER: 1) The court adopts the report and recommendation 47 of MJ Mehalchick. 2) Dfts mtn to dismiss 39 is DENIED.3) This action is remanded to MJ Mehalchick for furtherproceedings.Signed by Honorable Sylvia H. Rambo on 9/2/15. (ma)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
BRIAN FORSHEY, an incapacitated :
person, by the Guardian of his Person :
and Estate, LINDA J. FORSHEY,
:
Plaintiff
:
:
v.
:
:
HUNTINGDON COUNTY, et al.,
:
:
Defendants
:

CIVIL NO. 1:13-CV-0285

(Judge Rambo)
(Magistrate Judge Mehalchick)

ORDER
Before the court is an August 10, 2015 report of the magistrate judge
(Doc. 47) to whom this matter was referred in which she recommends that the
Huntingdon County Defendants’ motions to dismiss (Doc. 39) be denied. Objections
to the report and recommendation were due August 27, 2015 and, to date, no
objections have been filed.
Therefore, upon independent review of the entire record and the
applicable law, IT IS HEREBY ORDERED THAT:
1) The court adopts the report and recommendation of Magistrate Judge
Mehalchick (Doc. 47).
2) Defendants’ motion to dismiss (Doc. 39) is DENIED.
3) This action is remanded to Magistrate Judge Mehalchick for further
proceedings.

s/Sylvia H. Rambo
United States District Judge
Dated: September 2, 2015.