Barzyk v. Barzyk

Filing 5

ORDER - IT IS HEREBY ORDERED that the 1)The Court adopts the R&R of MJ Carlson. 2)Pltfs leave to proceed IFP is GRANTED. 3)Pltf's cmplt is dismissed without prejudice. 4)If pltf does not file amdcmp w/i 20 days, the Clerk of Court is directed to CLOSE this case. 4 Signed by Honorable Yvette Kane on 11/7/14. (sc)

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

LORI MAY BARZYK
Plaintiff
v.
ROBERT WILLIAM BARZYK
Defendant

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CIVIL ACTION NO. 1:14-CV-2018
(Judge Kane)
(Magistrate Judge Carlson)

ORDER
Before the court in the captioned action is a October 20, 2014 report and
recommendation of the magistrate judge. No timely objections have been filed.
Accordingly, upon review of the record and the applicable law, IT IS HEREBY
ORDERED THAT:
1) The Court adopts the Report and Recommendation of Magistrate Judge
Carlson.
2) Plaintiff’s leave to proceed in forma pauperis (Doc. No. 2) is GRANTED.
3) Plaintiff’s complaint is dismissed without prejudice to the plaintiff attempting to
amend the federal complaint to state a claim upon which relief may be granted in
federal court, by including proper allegations against appropriate party-defendants that
meet the requirements of federal law, provided that the plaintiff acts within 20 days of
this dismissal order.
4) If Plaintiff does not file an amended complaint within 20 days of the date of this
order, the Clerk of Court is directed to close the case.

5) If Plaintiff files an amended complaint within 20 days of the date of this order,
all further proceedings in this matter are referred to Magistrate Judge Carlson.

s/ Yvette Kane
YVETTE KANE, District Judge
United States District Court
Middle District of Pennsylvania
Dated: November 7, 2014