White v. Wireman et al
ORDER ADOPTING REPORT AND RECOMMENDATIONS ; Judge Carlson's report (Doc. 33) is ADOPTED. Defendants' motion to dismiss (Doc. 28) for failure to state a claim upon which relief can be granted is GRANTED in part and DENIED in part.ORDER REFERRING CASE to Magistrate Judge Martin C. Carlson; 28 33 (See order for full details).Signed by Honorable Malachy E Mannion on 3/12/18. (bs)
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF PENNSYLVANIA
CIVIL ACTION NO. 1:16-0675
DARRELL WIREMAN, et al.,
Upon consideration of the well-reasoned February 8, 2018 report and
recommendations (Doc. 33) of Magistrate Judge Martin C. Carlson, and in light
of the fact that no objections thereto have been filed, and after independent
review of the record, THEREFORE, WITHOUT OBJECTION IT IS HEREBY
Judge Carlson's report (Doc. 33) is ADOPTED.
Defendants' motion to dismiss (Doc. 28) for failure to state a claim
upon which relief can be granted is GRANTED in part and DENIED
The motion to dismiss is GRANTED insofar as Count 10 of the
second amended complaint (Doc. 27), claiming violations of the
Religious Freedom Restoration Act, is DISMISSED with prejudice.
The motion to dismiss is DENIED with respect to Counts 1, 2, and 3
of the second amended complaint.
This matter is REMANDED to Magistrate Judge Martin C. Carlson
for further proceedings.
S/Malachy E. Mannion
MALACHY E. MANNION
United States District Judge
Dated: March 12, 2018
O:\Mannion\shared\ORDERS - DJ\CIVIL ORDERS\2016 ORDERS\16-0675-01.wpd
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