Peters v. Langeheine et al

Filing 7

ORDER 1. Plaintiffs Objections (Doc. 6) are OVERRULED. 2. The Report and Recommendation (Doc. 5) is ADOPTED IN PART AND REJECTED IN PART. It is rejected in part for the reason that the documents attached as Attachment 1to Plaintiffs Complaint do in f act make allegations against all named defendants.3. However, Plaintiffs Complaint (Doc. 1) is nonetheless DISMISSED WITH LEAVE TO AMEND as the allegations do not clearly layout federal causes of action against the named defendants. In an amended com plaint, Plaintiff must specifically state the conduct of each named defendant that he alleges violated his federal civil rights. 4. The portion of Plaintiffs Complaint requesting an injunction against Camp Hill Prison is DISMISSED AS MOOT.5. The port ion of Plaintiffs Complaint requesting a specified sum of unliquidated damages is DELETED from the Complaint in accordance with Local Rule 8.1. In accordance with the Local Rules, Plaintiff may only state that he is entitled to monetary relief, but m ay not claim aspecific sum. 6. Plaintiff shall have TWENTYONE (21) DAYS from the date of this Order to correct the defects cited in Parts (3) and (5) of this Order by amending his Complaint.7. The case shall be remanded to Magistrate Judge Carlson for further proceedings consistent with this Order.Signed by Honorable Robert D. Mariani on 8/13/13 (jfg)

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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA BRETT PETERS, Plaintiff, v. 3:13·CV·01820 (JUDGE MARIANI) C.0.2 LANGEHEINE, et al., Defendants. ORDER AND NOW, THIS 13TH DAY OF AUGUST 2013, the Court has completed de novo review of Magistrate Judge Carlson's Report and Recommendation (Doc. 5), Plaintiffs Objections (Doc. 6) thereto, and Plaintiffs Complaint (Doc. 1). The Court treats Document 6 as Plaintiffs Objections even though Plaintiff does not specifically state therein to which portions of the Report and Recommendation he objects. ACCORDINGLY, IT IS HEREBY ORDERED THAT: 1. Plaintiffs Objections (Doc. 6) are OVERRULED. 2. The Report and Recommendation (Doc. 5) is ADOPTED IN PART AND REJECTED IN PART. It is rejected in part for the reason that the documents attached as Attachment 1to Plaintiffs Complaint do in fact make allegations against all named defendants. 3. However, Plaintiffs Complaint (Doc. 1) is nonetheless DISMISSED WITH LEAVE TO AMEND as the allegations do not clearly layout federal causes of action against the named defendants. In an amended complaint, Plaintiff must specifically state the conduct of each named defendant that he alleges violated his federal civil rights. 4. The portion of Plaintiffs Complaint requesting an injunction against Camp Hill Prison is DISMISSED AS MOOT. 5. The portion of Plaintiffs Complaint requesting a specified sum of unliquidated damages is DELETED from the Complaint in accordance with Local Rule 8.1. In accordance with the Local Rules, Plaintiff may only state that he is entitled to monetary relief, but may not claim a specific sum. 6. Plaintiff shall have TWENTY·ONE (21) DAYS from the date of this Order to correct the defects cited in Parts (3) and (5) of this Order by amending his Complaint. 7. The case shall be remanded to Magistrate Judge Carlson for further proceedings consistent with this Order.

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