Mobley v. Wetzel et al

Filing 125

ORDER: 1. Magistrate Judge Schwabs Report and Recommendation 124 is ADOPTED.2. The Mtn to Dismiss filed by Dfts Keith and Trimai 65 is GRANTED.3. Pltfs complaint is DISMISSED WITHOUT PREJUDICE. Pltf is granted leave to file a final amended compla int that is consistent with the contents of the R and R.4. The remaining mtns to dismiss 67 , 68 , 92 , 103 are DENIED asmoot.5. Pltfs Mtn for Default Judgment 90 is DENIED as moot.6. This matter is remanded to MJ Schwab for further proceedings.Signed by Honorable William W. Caldwell on 03/31/15. (ma)

UNITED STATES DISTRICT COURT FOR THE
MIDDLE DISTRICT OF PENNSYLVANIA
GERRY MOBLEY, JR.,
Plaintiff
vs.
JOHN WETZEL, et al.,
Defendants.

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: CIVIL No. 1:14-CV-0035
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ORDER
AND NOW, this 31st day of March, 2015, upon consideration of the Report
and Recommendation of Magistrate Judge Schwab (Doc. 124), filed on March 10, 2015,
to which no objections were filed, and upon independent review of the record, it is
ordered that:
1. Magistrate Judge Schwab’s Report and Recommendation is ADOPTED.
2. The Motion to Dismiss filed by Defendants Keith and Trimai (Doc. 65) is
GRANTED.
3. Plaintiff’s complaint is DISMISSED WITHOUT PREJUDICE. Plaintiff is
granted leave to file a final amended complaint that is consistent with the
contents of the Report and Recommendation.
4. The remaining motions to dismiss (Doc. 67, 68, 92, 103) are DENIED as
moot.
5. Plaintiff’s Motion for Default Judgment (Doc. 90) is DENIED as moot.
6. This matter is remanded to Magistrate Judge Schwab for further
proceedings.

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