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)

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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA JEFFREY ALLEN JONES, Plaintiff v. AMAZON, et al., Defendants : : : : : : : : 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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