Walker v. Court of Common Pleas of Monroe County Forty-Third Judicial District Commonwealth of Pennsylvania et al

Filing 33

ORDER: IT IS HEREBY ORDERED that: (1) The Report and Recommendation (Doc. 28) is ADOPTED.(2) Plaintiffs Motion for Default Judgment (Doc. 12) is DENIED. (3) The County Defendants Motion to Strike Plaintiffs Motion for Default Judgment (Doc. 15) is DISMISSED AS MOOT. (4) The Judicial Defendants Motion to Dismiss (Doc. 17) is GRANTED.(5)The County Defendants Motion to Dismiss (Doc. 20) is GRANTED.(6)The Judicial Defendants Motion for Enlargement of Time (Doc. 14) is DISMISSED AS MOOT.(7)Plaint iffs Complaint (Doc. 1) is DISMISSED WITHOUT PREJUDICE. Plaintiff has twenty-one (21) days from the date of entry of this Order to file a single comprehensive amended complaint consistent with the Courts Memorandum. If he fails to do so, the action will be dismissed with prejudice and the case will be closed.(8)The matter is RECOMMITTED to the Magistrate Judge.Signed by Honorable A. Richard Caputo on 5/29/13. (jam)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
BEN WALKER,
CIVIL ACTION NO. 3:12-CV-2206

Plaintiff,
v.

(JUDGE CAPUTO)

COURT OF COMMON PLEAS OF
MONROE COUNTY, et al.,

(MAGISTRATE JUDGE CARLSON)

Defendants.

ORDER
NOW this 29th day of May, 2013, after consideration of Magistrate Judge Martin C.
Carlson’s Report and Recommendation (Doc. 28) and Plaintiff Ben Walker’s objections (Doc.
31), IT IS HEREBY ORDERED that:
(1)

The Report and Recommendation (Doc. 28) is ADOPTED.

(2)

Plaintiff’s Motion for Default Judgment (Doc. 12) is DENIED.

(3)

The County Defendants’ Motion to Strike Plaintiff’s Motion for Default
Judgment (Doc. 15) is DISMISSED AS MOOT.

(4)

The Judicial Defendants’ Motion to Dismiss (Doc. 17) is GRANTED.

(5)

The County Defendants’ Motion to Dismiss (Doc. 20) is GRANTED.

(6)

The Judicial Defendants’ Motion for Enlargement of Time (Doc. 14) is
DISMISSED AS MOOT.

(7)

Plaintiff’s Complaint (Doc. 1) is DISMISSED WITHOUT PREJUDICE.
Plaintiff has twenty-one (21) days from the date of entry of this Order
to file a single comprehensive amended complaint consistent with the
Court’s Memorandum. If he fails to do so, the action will be dismissed
with prejudice and the case will be closed.

(8)

The matter is RECOMMITTED to the Magistrate Judge.

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