Williams v. Gavins et al

Filing 17

ORDER ADOPTING REPORT AND RECOMMENDATIONS 16 of MJ Carlson. Dfts motion to dismiss 11 is dismissed without prejudice. This matter is remanded to MJ Carlson for further proceedings.Signed by Honorable Sylvia H. Rambo on 09/25/13. (ma)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
RONALD WILLIAMS,

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Plaintiff
v.
WAYNE GAVINS, et al.,
Defendants

CIVIL NO. 1:13-CV-0387
(Judge Rambo)
(Magistrate Judge Carlson)

ORDER
Before the court is a September 3, 2013 report and recommendation of
the magistrate judge (Doc. 16) to whom this matter was referred. The magistrate
judge recommends that the pending motion to dismiss (Doc. 11), based upon
Plaintiff’s alleged failure to exhaust administrative remedies, be denied without
prejudice to renew after development of a more complete factual record. Objections
to the report and recommendation were due on or before September 20, 2013 and, to
date, no objections have been filed.
Accordingly, upon independent review of the record and applicable law,
IT IS HEREBY ORDERED THAT:
1) The court adopts the report and recommendation of Magistrate Judge
Carlson (Doc. 16).
2) Defendant’s motion to dismiss (Doc. 11) is dismissed without
prejudice.
3) This matter is remanded to Magistrate Judge Carlson for further
proceedings.

s/Sylvia H. Rambo
United States District Judge
Dated: September 25, 2013.