Mobley v. Snyder et al

Filing 17

ORDER ADOPTING REPORT AND RECOMMENDATIONS/Order Granting Application to Proceed IFP/ORDER REFERRING CASE - AND NOW, this 3rd day of July, 2013, upon consideration of the R&R of Mag. Judge Schwab 15 , to which no objs. have been filed...ORDERED that the R&R 15 is ADOPTED. Pur. the Mag. Judge's recommendation, it is further ORDERED as follows: 1. Plf.'s application to proceed IFP 2 12 are GRANTED. 2. Plf.'s claims against defts. C Cameron (sued in their individual capacity), J. Eckard (sued in their individual capacity), M. Garman (sued in their individual capacity), Robin Lewis (sued in their individual capacity), Charles Mitchell (sued in their individual capacity), Dorina Varner (sued in their individual capacity), W Walters (sued in their individual capacity), Altmanshofer (sued in their individual capacity) and Tabb Bickell (sued in his individual and official capacity) are DISMISSED w/out prejudice. Plf. is granted leave to file an amd. complt. 3. This case is remanded to Mag. Judge Schwab for further proceedings, including an R&R on dispositive mtns. if necessary. (See order for complete details.)Signed by Honorable William W. Caldwell on 7/3/13. (am)

UNITED STATES DISTRICT COURT FOR THE
MIDDLE DISTRICT OF PENNSYLVANIA
GERRY MOBLEY, JR.,
Plaintiff
v.
J. SNYDER, et al.,
Defendants

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: CIVIL NO. 1:13-CV-772
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ORDER
AND NOW, this 3rd day of July, 2013, upon consideration of the Report
and Recommendation (“R&R”) of Magistrate Judge Schwab (Doc. 15), to which no
objections have been filed, and upon independent review of the record, the court finds no
error in the R&R and concludes that the R&R should be adopted. Accordingly, it is
ORDERED that the R&R (Doc. 15) is ADOPTED. Pursuant to the magistrate judge’s
recommendation, it is further ORDERED as follows:
1.

Plaintiff’s applications to proceed in forma pauperis
(Docs. 2, 12) are GRANTED.

2.

Plaintiff’s claims against defendants Mitchell,
Altmanshofer, Walters, Cameron, Eckard, Garman,
Bickell, Lewis, and Varner are DISMISSED without
prejudice. Plaintiff is granted leave to file an
amended complaint.

3.

This case is remanded to Magistrate Judge Schwab for further
proceedings, including an R&R on dispositive motions if necessary.

/s/ William W. Caldwell
William W. Caldwell
United States District Judge