Zilich v. Doll et al

Filing 28

ORDER ADOPTING REPORT AND RECOMMENDATIONS The report and recommendation of Judge Mehalchick 26 is adopted in full. The defendants' motion to dismiss 11 and 17 are granted, and plaintiff's complaint 1 is dismissed without prejudice. Plaintiff's motion to amend his complaint 23 is granted. Plaintiff must file his Amended Complaint on or before January 30, 2015. Upon the filing of his amended complaint, plaintiff must provide a valid address for Dr. Symons so that service may be effectuated upon him. The case is remanded to Judge Mehalchick for further proceedings. Signed by Honorable Malachy E Mannion on 12/24/14. (ts)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF PENNSYLVANIA
WAYNE ZILICH,

:
:

Plaintiff

CIVIL ACTION NO. 3:13-2814
:

v.

(MANNION, D.J.)
(MEHALCHICK, M.J.)

:
DR. DOLL, et al.,
:
Defendants

:
:
ORDER

In light of the memorandum issued this same day, IT IS HEREBY
ORDERED THAT the report and recommendation of Judge Mehalchick, (Doc.
26), is ADOPTED IN FULL. The defendants' motions to dismiss, (Docs. 11,
17), are GRANTED, and plaintiff's complaint, (Doc. 1), is DISMISSED
without prejudice. Plaintiff's motion to amend his complaint, (Doc. 23), is
GRANTED. Plaintiff must file his Amended complaint on or before January
30, 2015. Upon the filing of his amended complaint, plaintiff must provide a
valid address for Dr. Symons so that service may be effectuated upon him.
The case is remanded to Judge Mehalchick for further proceedings.

s/ Malachy E. Mannion
MALACHY E. MANNION
United States District Judge
Date: December 24, 2014
O:\Mannion\shared\MEMORANDA - DJ\CIVIL MEMORANDA\2013 MEMORANDA\13-2814-01-order.wpd