Njos v. Argueta et al

Filing 216

ORDER: (1) The Report and Recommendation of Magistrate Judge Joseph F. Saporito, Jr. dated August 31, 2015 (Doc. 213 ) is ADOPTED; (2) The Motion to Dismiss of Defendant Gemberling (Doc. 144 ) is GRANTED; (3) The Plaintiffs Motion for Leave to Amen d His Complaint (Doc. 214 ) is GRANTED; (4) The Plaintiffs Verified Amended Complaint (Doc. 215 ) is ACCEPTED; and, (5) The above-captioned action is REMANDED to the Magistrate Judge for further proceedings. Signed by Honorable Edwin M. Kosik on 9/22/2015. (emksec, )

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF PENNSYLVANIA
_______________________________
SCOTT J. NJOS,
Plaintiff,
v.
S. ARGUETA, et al.
Defendants.
_______________________________

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Civil Action No. 3:12-CV-1038
(Judge Kosik)

ORDER
AND NOW, THIS 22nd DAY OF SEPTEMBER, 2015, IT APPEARING TO THE
COURT THAT:
(1) On August 31, 2015, Magistrate Judge Joseph F. Saporito, Jr. filed a
Report and Recommendation (Doc. 213), wherein he recommended that the Motion
to Dismiss (Doc. 144) filed by Defendant Gemberling be granted and that the Plaintiff
be granted leave to amend the Complaint;
(2) No Objections were filed to the Report and Recommendation;
(3) On September 15, 2015, Plaintiff filed a “Motion for Leave to Amend His
Complaint as Recommended in Doc. 213 R&R with Attached Proposed Amendment”
(Doc. 214);
(4) A Verified Amended Complaint (Doc. 215) was filed with the court;
AND, IT FURTHER APPEARING THAT
(5) If no objections are filed to a Magistrate Judge’s Report and
Recommendation, the plaintiff is not statutorily entitled to a de novo review of his
claims. 28 U.S.C.A. § 636(b)(1)(C); Thomas v. Arn, 474 U.S. 140, 150-53 (1985).
Nonetheless, the usual practice of the district court is to give “reasoned
consideration” to a magistrate judge’s report prior to adopting it. Henderson v.
Carlson, 812 F.2d 874, 878 (3d Cir. 1987);

(6) We have reviewed the Report and Recommendation of the Magistrate
Judge and agree with his recommendation;
ACCORDINGLY, IT IS HEREBY ORDERED THAT:
(1) The Report and Recommendation of Magistrate Judge Joseph F. Saporito,
Jr. dated August 31, 2015 (Doc. 213) is ADOPTED;
(2) The Motion to Dismiss of Defendant Gemberling (Doc. 144) is GRANTED;
(3) The Plaintiff’s Motion for Leave to Amend His Complaint (Doc. 214) is
GRANTED;
(4) The Plaintiff’s Verified Amended Complaint (Doc. 215) is ACCEPTED; and,
(5) The above-captioned action is REMANDED to the Magistrate Judge for
further proceedings.

s/Edwin M. Kosik
Edwin M. Kosik
United States District Judge