White v. Wireman et al

Filing 34

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)

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UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF PENNSYLVANIA IVAN WHITE, Plaintiff : : CIVIL ACTION NO. 1:16-0675 v. : (Judge Mannion) DARRELL WIREMAN, et al., Defendants : : ORDER 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 ORDERED THAT: 1. Judge Carlson's report (Doc. 33) is ADOPTED. 2. 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. 3. 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. 4. The motion to dismiss is DENIED with respect to Counts 1, 2, and 3 of the second amended complaint. 5. 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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