POSITANO v. DALBALSO et al

Filing 17

ORDER ADOPTING REPORT AND RECOMMENDATIONS 11 . Plaintiffs Amended Complaint (Doc. 15 ) will be screened forthwith. Signed by Honorable Edwin M. Kosik on 10/17/2016. (emksec, )

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF PENNSYLVANIA
____________________________________
:
ONOFRIO POSITANO,
:
:
Plaintiff,
:
:
v.
:
:
THERESA DALBALSO, et al.,
:
:
Respondent.
:
____________________________________

Civil Action No. 3:16-CV-1570

(Judge Kosik)

ORDER
AND NOW, THIS 17th DAY OF OCTOBER, 2016, IT APPEARING TO THE COURT
THAT:
[1] On August 17, 2016, Magistrate Judge Martin C. Carlson issued a Report and
Recommendation (Doc. 11), recommending that Plaintiff’s Complaint be dismissed with respect
to Defendants Wetzel, DalBalso, Steinhart, Jacobson, and Minarchick, without prejudice, to
Plaintiff endeavoring to correct the defects as mentioned in the Report. The Magistrate Judge
further recommended that Plaintiff be directed to file a more definite statement of any ADA
claim against Defendant Flores;
[2] Plaintiff has not filed any objections to the Report and Recommendation;
[3] On August 29, 2016, Plaintiff filed a motion for extension of time to amend the
complaint (Doc. 13);
[4] This Court granted that motion on September 12, 2016 (Doc. 14);
[5] On October 12, 2016, Plaintiff filed an Amended Complaint (Doc. 15);

AND, IT FURTHER APPEARING THAT:
[6] If no objections are filed to a Magistrate Judge’s Report and Recommendation, the
Plaintiff is not statutorily entitled to a de novo review of his claims. 28 U.S.C.A. § 636(b)(1)(C);
Thomas v. Arn, 474 U.S. 140, 150-53 (1985). Nonetheless, the usual practice of the district
court is to give “reasoned consideration” to a magistrate judge’s report prior to adopting it.
Henderson v. Carlson, 812 F.2d 874, 878 (3d Cir. 1987); and
[7] We have considered the Magistrate Judge’s report, and we concur with his
recommendations.
ACCORDINGLY, IT IS HEREBY ORDERED THAT:
[1] The Report and Recommendation of Magistrate Judge Martin C. Carlson dated
August 17, 2016 (Doc. 11) is ADOPTED; and,
[2] Plaintiff’s Amended Complaint (Doc. 15) will be screened forthwith.

s/Edwin M. Kosik
Edwin M. Kosik
United States District Judge