Abney v. Younker et al

Filing 56

ORDER - IT IS HEREBY ORDERED THAT: 1. Magistrate Judge Schwabs Report and Recommendation (Doc. No. 47) is ADOPTED; 2. Defendants motion to partially dismiss the complaint (Doc. No. 10) is DENIED; and 3. All further proceedings in this matter including pending motions are referred to Magistrate Judge Schwab. 47 10 Signed by Honorable Yvette Kane on 3/7/14. (sc)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
CLARENCE ABNEY,
Plaintiff
v.
CALEB YOUNKER, et al.,
Defendants

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No. 1:13-cv-01418
(Judge Kane)
(Magistrate Judge Schwab)

ORDER
Before the Court is Magistrate Judge Schwab’s Report and Recommendation (Doc. No.
47), recommending that the Court deny Defendants’ motions to dismiss Plaintiff Clarence
Abney’s supervisory liability claims as set forth in Count V of his complaint, and state law tort
claims as set forth in Counts VII through IX of his complaint. No timely objections have been
filed. The Court finds no error in Magistrate Judge Schwab’s recommendations, and will adopt
her Report and Recommendation.
ACCORDINGLY, on this 7th day of March 2014, IT IS HEREBY ORDERED THAT:
1.

Magistrate Judge Schwab’s Report and Recommendation (Doc. No. 47) is
ADOPTED;

2.

Defendants’ motion to partially dismiss the complaint (Doc. No. 10) is DENIED;
and

3.

All further proceedings in this matter including pending motions are referred to
Magistrate Judge Schwab.
s/ Yvette Kane
Yvette Kane, District Judge
United States District Court
Middle District of Pennsylvania