Laganella v. Wealand et al

Filing 22

ORDER ADOPTING REPORT AND RECOMMENDATIONS ; granting 15 Motion to Dismiss for Failure to State a Claim; finding as moot 18 Motion to Appoint Counsel ; adopting 21 Report and Recommendations.Signed by Honorable Yvette Kane on 12/29/16. (aaa)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
FRANCIS P. LAGANELLA,
Plaintiff
v.
CORPORAL TERRY WEALAND,
Defendant

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No. 1:16-cv-518
(Judge Kane)
(Magistrate Judge Saporito)

ORDER
Before the Court in the above-captioned case is the December 9, 2016 Report and
Recommendation of Magistrate Judge Saporito. (Doc. No. 21.) No timely objections have been
filed. ACCORDINGLY, on this 29th day of December 2016, upon review of the record and the
applicable law, IT IS HEREBY ORDERED THAT:
1. The Court adopts the Report and Recommendation (Doc. No. 21), of Magistrate Judge
Saporito;
2. Defendant’s motion to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6)
(Doc. No. 15), is GRANTED;
3. Plaintiff’s complaint (Doc. No. 1), is DISMISSED WITH PREJUDICE as further leave
to amend would be futile;
4. Plaintiff’s motion to appoint counsel (Doc. No. 18), is DENIED AS MOOT; and
5. The Clerk of Court is directed to close the above-captioned case.

s/ Yvette Kane
Yvette Kane, District Judge
United States District Court
Middle District of Pennsylvania