Moneyham v. Potter et al

Filing 47

ORDER (memorandum filed previously as separate docket entry); ADOPTING REPORT AND RECOMMENDATION of Magistrate Judge Saporito; Dft C. Brininger is DISMISSED; Plft may file an amended complaint w/i 21 days re Bivens action re dft Bringer; Clerk of Court is directed to REMAND to MJ Saporito for further proceedings. Signed by Honorable James M. Munley on 08/30/16. (sm)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
ANTHONY MONEYHAM,
Plaintiff

:
No. 3:15cv436
:
:
(Judge Munley)
v.
:
: (Magistrate Judge Saporito)
L. POTTER, et al.,
:
:
Defendants
:
::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::
ORDER
AND NOW, to wit, this 30th day of August 2016, it is HEREBY
ORDERED as follows:
1. Plaintiff’s objection to the Report and Recommendation
regarding dismissal of his claim against Defendant C.
Brininger (Doc. 45) is OVERRULED;
2. The Report and Recommendation of Magistrate Judge
Saporito (Doc. 41) is ADOPTED;
3. Defendant Brininger is DISMISSED from this Bivens
action without prejudice;
4. Plaintiff is provided twenty-one (21) days from the date
of this order to file an amended complaint to properly
plead a Bivens action against Defendant C. Brininger.

Failure to file a timely amended complaint will result in
the dismissal of this defendant with prejudice; and
5. The Clerk of Court is directed to remand this case to
Magistrate Judge Saporito.

BY THE COURT:

s/ James M. Munley
JUDGE JAMES M. MUNLEY
United States District Court

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