Nieves v. Thorne et al

Filing 36

ORDER (memorandum filed previously as separate docket entry), ADOPTING the Report and Recommendation of Magistrate Judge Carlson; GRANTING 20 MOTION to Dismiss filed by Paul Tomczyk; Clerk of Court is directed to enter judgment in favor of dft Tomczyk ;and REMAND CASE to Magistrate Judge Martin C. Carlson for further proceedings. ; Signed by Honorable James M. Munley on 4/5/17. (sm)

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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA LUIS NIEVES, : No. 3:16cv1912 Plaintiff : : (Judge Munley) v. : : (Magistrate Judge Carlson) OFFICER PAUL TOMCZYK, et al., : Defendants : :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ORDER AND NOW, to wit, this 5th day of April 2017, it is HEREBY ORDERED as follows: 1. The R&R of Magistrate Judge Carlson (Doc. 31) is ADOPTED; 2. Defendant Paul Tomczyk’s motion to dismiss (Doc. 20) is GRANTED; 3. The Clerk of Court is directed to enter judgment in favor of Defendant Paul Tomczyk; and 4. The Clerk of Court is further directed to REMAND this case to Magistrate Judge Carlson for further proceedings. BY THE COURT: s/ James M. Munley JUDGE JAMES M. MUNLEY United States District Court

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