Kitchen v. PA Board of Probation and Parole et al

Filing 18

ORDER: In accord with the accompanying Memorandum 17 ; (1) Dfts mtn 13 to dismiss for failure to state a claim is GRANTED.(2) All claims in Pltfs amended complaint 8 against Dfts are DISMISSED without prejudice.(3) Pltf is granted leave to amend. If Pltf desires to file a second amended complaint, he must do so within (21) days of the date of this order.(4) This case is REMANDED to M.J. Joseph F. Saporito, Jr. for further proceedings.Signed by Honorable William W. Caldwell on 9/19/17. (ma)

UNITED STATES DISTRICT COURT FOR THE
MIDDLE DISTRICT OF PENNSYLVANIA

ROBERT ALLEN KITCHEN, SR.,
Plaintiff
v.
PA BOARD OF PROBATION AND
PAROLE, et al.,
Defendants

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CASE NO. 1:16-CV-2129

ORDER
AND NOW, this 19th day of September, 2017, in accord with the
accompanying memorandum, upon consideration of the July 27, 2017 report and
recommendation (Doc. 16) of Magistrate Judge Joseph F. Saporito, Jr., to which no
objections were filed, and after independent review of the record, it is ORDERED that:
(1)

Defendants’ motion (Doc. 13) to dismiss for failure to state a
claim is GRANTED.

(2)

All claims in Plaintiff’s amended complaint (Doc. 8) against
Defendants are DISMISSED without prejudice.

(3)

Plaintiff is granted leave to amend. If Plaintiff desires to file a
second amended complaint, he must do so within twenty-one
(21) days of the date of this order.

(4)

This case is REMANDED to Magistrate Judge Joseph F.
Saporito, Jr. for further proceedings.

/s/ William W. Caldwell
William W. Caldwell
United States District Judge