Ciprich v. Luzerne County et al
ORDER IT IS HEREBY ORDERED THAT: 1. The Report and Recommendation (Doc. 47) is ADOPTED. 2. Plaintiff's Objections (Doc. 50) are OVERRULED. 3. 42 Motion to Dismiss for Failure to State a Claim is GRANTED. 4. Case is DISMISSED. 5. Clerk of Court directed to CLOSE the above-captioned action.Signed by Honorable Robert D. Mariani on 8/28/17. (jam)
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
LUZERNE COUNTY, et al.,
AND NOW, THIS 2J-8'-'1DAY OF AUGUST, 2017, upon de nova review of
Magistrate Judge Carlson's Report and Recommendation (''R&R") (Doc. 47), Plaintiff's
Objections thereto (Doc. 50), the "Motion of Defendant Luzerne County Children and Youth
Services to Dismiss Plaintiff's Complaint Pursuant to F.R.C.P. 12(b)(6) or in the Alternative
Motion for Summary Judgment" (Doc. 42), and all relevant briefs and submissions, IT IS
HEREBY ORDERED THAT:
1. The Report and Recommendation (Doc. 47) is ADOPTED for the reasons stated
therein as well as in this Court's accompanying memorandum opinion.
2. Plaintiff's Objections (Doc. 50), styled as an "Appeal" of the Magistrate Judge's R&R,
are OVERRULED for the reasons set forth in the accompanying memorandum
3. The "Motion of Defendant Luzerne County Children and Youth Services to Dismiss
Plaintiff's Complaint Pursuant to F.R.C.P. 12(b)(6)" (Doc. 42) is GRANTED.
Defendants Luzerne County Children and Youth Services, JoAnn Costanzo, and
Jamie Stuart are DISMISSED.
4. The Case is DISMISSED as to the remaining defendants, Frank Castano, Kayci
Konopki, Tracy Schltz, Tricia Godshalk, and Brian Waugh, pursuant to Fed. R. Civ.
P. 4(m) for failure to serve the above-listed defendants.
5. The Clerk of Court is directed to CLOSE the above-captioned action.
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