Pino v. Carey et al

Filing 67

ORDER (memorandum filed previously as separate docket entry) 1)Judge Carlsons report and recommendation, (Doc. 59), is ADOPTED in its entirety; ORDER REFERRING CASE to Magistrate Judge Martin C. Carlson; (See order for full details).Signed by Honorable Malachy E Mannion on 4/28/17. (bs)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF PENNSYLVANIA
JOHN A. PINO,

:

Plaintiff

: CIVIL ACTION NO. 3:15-1172

v.

:

MICHAEL CAREY, et al.,

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

:

Defendants

:

ORDER
As set forth in the memorandum issued this same day, IT IS HEREBY
ORDERED THAT:
(1)

Judge Carlson’s report and recommendation, (Doc. 59), is
ADOPTED in its entirety;

(2)

the motion for summary judgment of defendants Allar and Kyper,
(Doc. 45), regarding the claims against them raised in the
plaintiff’s amended complaint, (Doc. 9), is GRANTED;

(3)

the Clerk is directed to enter JUDGMENT in favor of defendants
Allar and Kyper, and against plaintiff;

(4)

Judge Carlson’s report and recommendation, (Doc. 60),
regarding plaintiff’s motion to amend his pleading is ADOPTED
in its entirety;

(5)

plaintiff’s motion for leave to file a second amended complaint,
(Doc. 58), is DENIED; and

(6)

the case is RECOMMITTED to Judge Carlson for consideration
of the summary judgment motion, (Doc. 41), of remaining
defendant Carey.

s/ Malachy E. Mannion
MALACHY E. MANNION
United States District Judge
Dated: April 28, 2017
O:\Mannion\shared\MEMORANDA - DJ\CIVIL MEMORANDA\2015 MEMORANDA\15-1172-03-ORDER.wpd

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