McDowell v. DeParlos et al

Filing 43

ORDER: 1. MJ Saporitos R&R 40 is ADOPTED.2. Dfts mtn to dismiss 32 is GRANTED.3. Pltfs complaint 1 is DISMISSED WITHOUT PREJUDICE.4. Pltf has (30) days from the date of this order to file an amended complaint.5. This matter is remanded to MJ Saporito for further proceedings, including the resolution of Pltfs pending mtn for exttm 42 .Signed by Honorable William W. Caldwell on 2/3/16. (ma)

UNITED STATES DISTRICT COURT FOR THE
MIDDLE DISTRICT OF PENNSYLVANIA
REUBEN MCDOWELL,
Plaintiff
v.
KEVIN A. DEPARLOS, et al.,
Defendants

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: CIVIL NO. 1:15-CV-0487
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:
:

ORDER
AND NOW, this 3rd day of February, 2016, upon consideration of the report
and recommendation of Magistrate Judge Saporito (Doc. 40) filed on January 7, 2016, to
which no objections were filed, and upon independent review of the record, it is
ORDERED that:
1. Magistrate Judge Saporito’s report and recommendation is ADOPTED.
2. Defendants’ motion to dismiss (Doc. 32) is GRANTED.
3. Plaintiff’s complaint (Doc. 1) is DISMISSED WITHOUT PREJUDICE.
4. Plaintiff has thirty (30) days from the date of this order to file an
amended complaint.
5. This matter is remanded to Magistrate Judge Saporito for further
proceedings, including the resolution of Plaintiff’s pending motion for
extension of time. (Doc. 42).

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