Schreane v. Thomas et al
Filing
75
MEMORANDUM ORDER: IT IS HEREBY ORDERED that:(1)The Report and Recommendation (Doc. 44) is ADOPTED as follows:(A)Defendants Motion to Dismiss and for Summary Judgment (Doc. 24) is GRANTED.(B)Plaintiffs claims against the currently named Defendants a re DISMISSED. (C)Plaintiff has twenty-eight (28) days from the date of entry of this Order to file an amended complaint stating a First Amendment denial of access to courts claim against the currently named Defendants.(2)Plaintiff may seek leave to a mend his pleading to assert claims against individuals not named as defendants in this action within twenty-eight (28) days from the date of entry of this Order. (3)Plaintiffs Motion to Amend his Complaint to add a New Defendant (Doc. 39) is DENIED.(4)Defendants Motion to Stay (Doc. 43) is DENIED as moot.(5)The matter is RECOMMITTED to Magistrate Judge Blewitt for further proceedings.Signed by Honorable A. Richard Caputo on 5/6/14. (jam)
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
CLARENCE D. SCHREANE,
CIVIL ACTION NO. 3:CV-13-1057
Plaintiff,
(JUDGE CAPUTO)
v.
(MAGISTRATE JUDGE BLEWITT)
JEFF THOMAS, et al.,
Defendants.
MEMORANDUM ORDER
Presently before the Court is the Report and Recommendation of Magistrate
Judge Thomas M. Blewitt (Doc. 44) to Defendants’ Motion to Dismiss and for Summary
Judgment (Doc. 24). Magistrate Judge Blewitt recommends that Defendants’ motion be
granted in its entirety with respect to all of Plaintiff’s claims against all Defendants. (Doc.
44, 40.) Magistrate Judge Blewitt further recommends that Plaintiff be granted leave to
amend only with respect to his First Amendment denial of access to courts claim. (Id.)
On February 20, 2014, Plaintiff filed a thirty-three (33) page document entitled
“Opposition to Report and Recommendation, and Supplement under Federal Rule of
Civil Procedure Rule 15(d)/(c).” (Doc. 62.) Plaintiff, however, does not set forth an
objection to any of Magistrate Judge Blewitt’s recommendations. Instead, it appears as
though Plaintiff is seeking to add additional individuals as defendants to this action who
were not identified in his original Complaint.
Because Plaintiff has not filed specific objections to the Report and
Recommendation, it can be reviewed for clear error. See Cruz v. Chater, 990 F.Supp.
375, 376-77 (M.D. Pa. 1998). And, finding Magistrate Judge Blewitt’s Report and
Recommendation free of error, it will be adopted as set forth below.1
With respect to Plaintiff’s indication that he wishes to add defendants to this
action, Plaintiff may seek leave to amend his pleading if he so desires. As noted by
1
Adoption of the Report and Recommendation is also appropriate under a de novo
review.
Magistrate Judge Blewitt, Plaintiff has filed a number of actions in this Court and he is
well aware of this Court’s Local Rules. Thus, insofar as Plaintiff attempts to amend his
pleading, he shall comply with the Local Rules of this Court.
Accordingly, IT IS HEREBY ORDERED that:
(1)
The Report and Recommendation (Doc. 44) is ADOPTED as follows:
(A)
Defendants’ Motion to Dismiss and for Summary Judgment (Doc.
24) is GRANTED.
(B)
Plaintiff’s claims against the currently named Defendants are
DISMISSED.
(C)
Plaintiff has twenty-eight (28) days from the date of entry of this
Order to file an amended complaint stating a First Amendment
denial of access to courts claim against the currently named
Defendants.
(2)
Plaintiff may seek leave to amend his pleading to assert claims against
individuals not named as defendants in this action within twenty-eight (28)
days from the date of entry of this Order.
(3)
Plaintiff’s Motion to Amend his Complaint to add a New Defendant (Doc.
39) is DENIED.
(4)
Defendants’ Motion to Stay (Doc. 43) is DENIED as moot.
(5)
The matter is RECOMMITTED to Magistrate Judge Blewitt for further
proceedings.
May 6, 2014
Date
/s/ A. Richard Caputo
A. Richard Caputo
United States District Judge
2
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