PARKS v. SAMUELS et al

Filing 50

ORDER: 1) The court adopts the r and r of MJ Carlson 47 ;2) Dfts mtn to dismiss 30 is GRANTED;3) The clerk of court is directed to close this case;4) Any appeal taken from this order is deemed frivolous and not taken in good faith;5) The clerk of court shall mail a copy of the R and R and this order to Pltf in an envelope marked Special Mail - Open only in the presence of the inmate.Legal Mail.Signed by Honorable Sylvia H. Rambo on 10/13/15. (ma)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
DARRELL PARKS,
Plaintiff
v.
CHARLES E. SAMUELS, Jr., et al.
Defendants

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Civil No. 1:13-cv-0742

Judge Sylvia H. Rambo
Magistrate Judge Carlson

ORDER
Before the court is an August 17, 2015 report and recommendation of
the magistrate judge (Doc. 47) to whom this matter was referred, in which he
recommends that the court grant Defendant’s motion to dismiss, or in the alternative,
for summary judgment (Doc. 30) and close the case. Objections to the report and
recommendation were due no later than September 3, 2015, and, to date, no
objections have been filed.
Therefore, upon consideration of the record before the court and the
applicable law, IT IS HEREBY ORDERED THAT:
1)

The court adopts the report and recommendation of
Magistrate Judge Carlson (Doc. 47);

2)

Defendant’s motion to dismiss (Doc. 30) is
GRANTED;

3)

The clerk of court is directed to close this case;

4)

Any appeal taken from this order is deemed frivolous and not
taken in good faith;

5)

The clerk of court shall mail a copy of the Report and
Recommendation and this order to Plaintiff in an envelope

marked “Special Mail - Open only in the presence of the inmate.
Legal Mail.”

s/Sylvia H. Rambo
United States District Judge

Dated: October 13, 2015.

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