Real v. Dunkle et al

Filing 46

ORDER ADOPTING REPORT AND RECOMMENDATIONS 39 of Magistrate Judge Blewitt; DISMISSING defendant John Doe without prejudice; REMANDING the case to Magistrate Judge Blewitt. Signed by Honorable Matthew W. Brann on 5/9/13. (km)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
FERNANDO REAL,
Plaintiff,
v.
LT. DUNKLE, et. al.,
Defendants.

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Civil Action No. 3:11-CV-2071
(Judge Brann)

(Magistrate Judge Blewitt)

ORDER
May 9, 2013
BACKGROUND:
The undersigned has given full and independent consideration to the
thorough October 31, 2012 report and recommendation of Magistrate Judge
Thomas M. Blewitt. Plaintiff’s objections requested a sixty-day extension of time
to utilize discovery responses in order to identify his John Doe defendant. Pl.’s
Objections, November 13, 2012, ECF No. 40.
More than six months have passed since Magistrate Judge Blewitt issued
his report and recommendation. In light of the fact that during the course of this
time plaintiff has filed nothing further to identify his John Doe defendant, and
because this Court agrees with Judge Blewitt’s analysis, the Court will not rehash
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the sound reasoning enunciated and will adopt the report and recommendation in
its entirety.
NOW, THEREFORE, IT IS HEREBY ORDERED THAT:
1.
1.

United States Magistrate Judge Thomas M. Blewitt’s Report and
Recommendation is ADOPTED in full. October 31, 2012, ECF No.
39

2.

Defendant John Doe is dismissed without prejudice.

3.

The case is remanded to Magistrate Judge Blewitt.
s/ Matthew W. Brann
Matthew W. Brann
United States District Judge

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