Gillis v. Harrisburg Education Association et al

Filing 15

ORDER ADOPTING REPORT 10 of Magistrate Judge Carlson, GRANTING defts' MTD 7 , granting pltf leave to file amended complaint w/in 30 days of date of this order..., setting forth guidelines for content & filing of any such amended filing, & directing that Clrk of Ct shall CLOSE case in absence of timely filed amended complaint. (See order for complete details.)Signed by Chief Judge Christopher C. Conner on 2/10/17. (ki)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
GALEN EUGENE GILLIS,
Plaintiff
v.
HARRISBURG EDUCATION
ASSOCIATION, et al.,
Defendant

:
:
:
:
:
:
:
:
:
:

CIVIL ACTION NO. 1:16-CV-2067
(Chief Judge Conner)

ORDER
AND NOW, this 10th day of February, 2017, upon consideration of the
report (Doc. 10) of Magistrate Judge Martin C. Carlson, recommending the court
grant defendants’ motion (Doc. 7) to dismiss the above-captioned action, wherein
Judge Carlson identifies manifold deficiencies in the pro se plaintiff’s civil rights
complaint (Doc. 1), and the court noting that plaintiff filed an objection (Doc. 13)
to the report, see FED. R. CIV. P. 72(b)(2), and defendants filed a response (Doc. 14)
thereto, and, following a de novo review of the contested portions of the report, see
Behar v. Pa. Dep’t of Transp., 791 F. Supp. 2d 383, 389 (M.D. Pa. 2011) (citing 28
U.S.C. § 636(b)(1)(C); Sample v. Diecks, 885 F.2d 1099, 1106 n.3 (3d Cir. 1989)), and
applying a clear error standard of review to the uncontested portions, see Cruz v.
Chater, 990 F. Supp. 375, 376-78 (M.D. Pa. 1999), the court finding Judge Carlson’s
analysis to be thorough, well-reasoned, and fully supported by the record, and

finding plaintiff’s objection (Doc. 13) to be without merit and squarely addressed
by the report, it is hereby ORDERED that:
1.

The report (Doc. 10) of Magistrate Judge Carlson is ADOPTED.

2.

Defendants’ motion (Doc. 7) to dismiss is GRANTED.

3.

Plaintiff’s complaint (Doc. 1) is DISMISSED without prejudice.

4.

Plaintiff is granted leave to file an amended complaint within thirty
(30) days of the date of this order, consistent with the report (Doc. 10)
of Magistrate Judge Carlson.

5.

Any amended pleading filed pursuant to paragraph 4 shall be filed to
the same docket number as the instant action, shall be entitled “First
Amended Complaint,” and shall be complete in all respects. It shall be
a new pleading which stands by itself as an adequate complaint under
the Federal Rules of Civil Procedure, without reference to the pleading
(Doc. 1) hereinabove dismissed.

6.

In the absence of a timely-filed first amended complaint, the Clerk of
Court shall CLOSE this case.

/S/ CHRISTOPHER C. CONNER
Christopher C. Conner, Chief Judge
United States District Court
Middle District of Pennsylvania