Wotring v. Stuski et al

Filing 17

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 16 Report and Recommendations, ORDER REMANDING CASE; granting in part and denying in part 4 Motion to Dismiss. The complaint is dismissed with prejudice with respect to all federal claims pursuant to FRCP 12(b)(6). All remaing claims are remanded to the Court of Common Pleas for Cumberland County pursuant to 28 U.S.C. 1447 (c). (Certified copy to Cumberland County Prothonotary) Signed by Honorable Yvette Kane on 7/22/15. (pw)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA

DOUGLAS WOTRING
Plaintiff
v.
MARGARET STUSKI, et al.
Defendants

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CIVIL ACTION NO. 1:14-cv-1843
(Judge Kane)
(Magistrate Judge Mehalchick)

ORDER
Before the Court in the captioned action is a July 1, 2015 Report and
Recommendation of the Magistrate Judge. No timely objections have been filed.
ACCORDINGLY, this 22nd day of July 2015, upon review of the record and the
applicable law, IT IS HEREBY ORDERED THAT the Court adopts the Report and
Recommendation of Magistrate Judge Mehalchick (Doc. No. 16) and:
1) The motion to dismiss (Doc. No. 4) is GRANTED IN PART;
2) The complaint (Doc. No. 1, at 9) is DISMISSED WITH PREJUDICE with
respect to all federal law claims pursuant to Fed. R. Civ. P. 12(b)(6);
3) All remaining claims are REMANDED to the Court of Common Pleas for
Cumberland County pursuant to 28 U.S.C. § 1447(c); and
4) The Clerk of Court is directed to CLOSE the case.

s/ Yvette Kane
YVETTE KANE, District Judge
United States District Court
Middle District of Pennsylvania