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)

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