Millhouse v. Samuals et al

Filing 11

ORDER: 1) The court adopts the r and r of MJ Carlson 6 ;2) Millhouse is granted leave to proceed ifp;3) All of the claims and dfts named in the complaint, with the exception of the failure to protect claim against Dft Smith, are DISMISSED WITHOUT PR EJUDICE for failure to state a claim upon which relief can be granted;4) Pltf is granted leave to amend his complaint in accordance with this order and the accompanying r and r within 20 days of this order. ;5) This matter is remanded to the MJ for any furtherproceedings.Signed by Honorable Sylvia H. Rambo on 10/13/15. (ma)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
KAREEM MILLHOUSE,
Plaintiff
v.
CHARLES SAMUALS, et al.,
Defendants

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Civil No. 1:15-cv-1644

Judge Sylvia H. Rambo
Magistrate Judge Carlson

ORDER
Before the court is an August 27, 2015 report and recommendation of
the magistrate judge (Doc. 6) to whom this matter was referred, in which he
recommends that the court grant Millhouse leave to proceed in forma pauperis in this
case (Doc. 2), but that the court dismiss all of the claims and defendants named in the
complaint, aside from the failure to protect claim against Defendant Smith, for
failure to state a claim upon which relief can be granted without prejudice.
Objections to the report and recommendation were due no later than September 14,
2015, and, to date, no objections have been filed.
Therefore, upon consideration of the record before the court and the
applicable law, IT IS HEREBY ORDERED THAT:
1)

The court adopts the report and recommendation of Magistrate
Judge Carlson (Doc. 6);

2)

Millhouse is granted leave to proceed in forma pauperis;

3)

All of the claims and defendants named in the complaint, with the
exception of the failure to protect claim against Defendant Smith,
are DISMISSED WITHOUT PREJUDICE for failure to state a
claim upon which relief can be granted;

4)

Plaintiff is granted leave to amend his complaint in accordance
with this order and the accompanying report and recommendation
within 20 days of this order. Any amended complaint shall be
complete in and of itself and shall be filed within fourteen days
from today’s date;

5)

This matter is remanded to the magistrate judge for any further
proceedings.

s/Sylvia H. Rambo
United States District Judge
Dated: October 13, 2015.

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