Jones v. Amazon et al
Filing
8
ORDER ADOPTING REPORT AND RECOMMENDATIONS 6 - Plaintiffs complaint is DISMISSED without prejudice. Plaintiff shall file an amended complaint within thirty (30) days of the date of this Order; Failure to file an amended complaint in accordance with this Order may result in dismissal of this case with prejudice for failure to prosecute; and This matter is referred back to Magistrate Judge Saporito for further pretrial management. Signed by Honorable Yvette Kane on 1/12/17. (pw)
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
JEFFREY ALLEN JONES,
Plaintiff
v.
AMAZON, et al.,
Defendants
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No. 1:15-cv-1106
(Judge Kane)
(Magistrate Judge Saporito)
ORDER
This is a pro se Title VII employment discrimination and retaliation case. On December
8, 2016, Magistrate Judge Saporito issued a Report and Recommendation recommending
dismissal of this case pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii) for failure to state a claim, as
Plaintiff’s complaint failed to allege exhaustion of administrative remedies. (Doc. No. 6.) No
timely objections have been filed.1 ACCORDINGLY, this 12th day of January 2017, upon
review of the record and the applicable law, IT IS HEREBY ORDERED THAT:
1.
The Court adopts the Report and Recommendation (Doc. No. 6), of Magistrate
Judge Saporito;
2.
Plaintiff’s complaint is DISMISSED without prejudice;
3.
Plaintiff shall file an amended complaint within thirty (30) days of the date of this
Order;
4.
Failure to file an amended complaint in accordance with this Order may result in
dismissal of this case with prejudice for failure to prosecute; and
1
A copy of the Report and Recommendation, and an Order granting Plaintiff’s motion
for leave to proceed in forma pauperis, were mailed to Plaintiff at his address of record in this
case (576 Meadowview Circle, Greencastle, PA 17225), and subsequently returned to the Court
marked “Forward Time Exp Return to Sender” (postmarked December 16, 2016 and December
13, 2016, respectively). (See Doc. No. 7.) The Court notes that it is the responsibility of the
Plaintiff, proceeding pro se, to maintain accurate contact information as required by local rule.
See Local Rule 83.18.
5.
This matter is referred back to Magistrate Judge Saporito for further pretrial
management.
s/ Yvette Kane
Yvette Kane, District Judge
United States District Court
Middle District of Pennsylvania
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