Mable et al v. Beard et al

Filing 47

MEMORANDUM AND ORDER rejecting in part and adopting in part 32 Report and Recommendations. IT IS HEREBY ORDERED: 1) The recommendation that Tyrone Green, Rysheim lawson, David Hayes, Brian Jackson and Nazir Williams be dismissed from the case is A DOPTED. 2) The recommendation that Nathanial Hathorn be dismissed from the case is REJECTED. This case is RECOMMITTED to Magistrate Judge Smyser for further proceedings consistent with this opinion. Signed by Honorable A. Richard Caputo on 10/27/10 (jam, )

Mable et al v. Beard et al

Doc. 47

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA STEVEN MABLE, et al., Plaintiffs, v. (JUDGE CAPUTO) JEFFREY A. BEARD, et al., Defendants. MEMORANDUM CIVIL ACTION NO. 3:10-CV-1214

Presently before the Court is Magistrate Judge J. Andrew Smyser's Report and Recommendation (Doc. No. 32) which recommends that six of thirteen plaintiffs be dismissed from the case for failure to file required in forma pauperis applications. No objections to the report were made. After the issuance of Judge Smyser's report, one of these six plaintiffs filed an application for leave to proceed in forma pauperis, and this Court granted the application. The Court will adopt the report and recommendation as to the remaining five plaintiffs who failed to file in forma pauperis applications, with the result that they will be dismissed from the case. The case will be recommitted to Magistrate Judge Smyser for further proceedings. An appropriate order follows.

October 27, 2010 Date

/s/ A. Richard Caputo A. Richard Caputo United States District Judge

Dockets.Justia.com

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA STEVEN MABLE, et al., Plaintiffs, v. (JUDGE CAPUTO) JEFFREY A. BEARD, et al., Defendants. ORDER NOW, this 27th day of October, 2010, IT IS HEREBY ORDERED: (1) Magistrate Judge Smyser's report and recommendation (Doc. No. 32) is REJECTED IN PART and ADOPTED IN PART as follows: 1) The recommendation that Tyrone Green, Rysheim Lawson, David Hayes, Brian Jackson, and Nazir Williams be dismissed from the case is ADOPTED. 2) The recommendation that Nathaniel Hathorn be dismissed from the case is REJECTED. (2) This case is RECOMMITTED to Magistrate Judge Smyser for further proceedings consistent with this opinion. NO. 3:10-CV-1214

/s/ A. Richard Caputo A. Richard Caputo United States District Judge