McCain v. Wetzel et al

Filing 41

ORDER: In accord with the accompanying Memorandum 40 ; 1) The report and recommendation 36 will be adopted.2) The amended complaint is dismissed with prejudice for failure to state aclaim.3) The late filed motions for certification 33 and to compel 34 are deemed as moot or alternatively denied.4) Any appeal taken from this order is deemed as frivolous and not in goodfaith.5) The clerk of court shall close this case.Signed by Honorable Sylvia H. Rambo on 5/11/17. (ma)

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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA AMIR HAKIM MCCAIN a/k/a JOHN : : MCCAIN, : : Plaintiff, : : v. : : JOHN E. WETZEL, et al., : : Defendant. Civil No. 3:14-cv-2141 Judge Sylvia H. Rambo Magistrate Judge Schwab ORDER In accordance with the accompanying memorandum of law, IT IS HEREBY ORDERED as follows: 1) The report and recommendation (Doc. 36) will be adopted. 2) The amended complaint is dismissed with prejudice for failure to state a claim. 3) The late filed motions for certification and to compel are deemed as moot or alternatively denied. 4) Any appeal taken from this order is deemed as frivolous and not in good faith. 5) The clerk of court shall close this case. s/Sylvia H. Rambo SYLVIA H. RAMBO United States District Judge Dated: May 11, 2017

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