Walsh v. Wallace
Filing
12
ORDER ADOPTING REPORT AND RECOMMENDATIONS Plaintiffs complaint, (Doc. 1), is DISMISSED WITH PREJUDICE. Leave to amend is DENIED based on futility. The Clerk is directed to close the case. ORDER TERMINATING CASE; adopting 7 Report and Recommendations.Signed by Honorable Malachy E Mannion on 7/6/17. (bs)
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF PENNSYLVANIA
JOHN R. WALSH, III
:
CIVIL ACTION NO. 3:17-0952
Plaintiff
:
v.
:
ANDY WALLACE, ESQ.,
(D.J. Mannion)
(M.J. Carlson)
:
Defendant
:
ORDER
Based on the report of Judge Carlson, (Doc. 7), to which no objections
have been filed, IT IS HEREBY ORDERED THAT the report is ADOPTED IN
ITS ENTIRETY.1 Plaintiff’s complaint, (Doc. 1), is DISMISSED WITH
PREJUDICE. See Roy v. Supreme Court of U.S., 484 F.App’x 700, 700 (3d
Cir. 2012) (dismissal under Rule 8 is justified if the complaint is not
comprehensible). Leave to amend is DENIED based on futility. The Clerk is
directed to close the case.
s/ Malachy E. Mannion
MALACHY E. MANNION
United States District Judge
Date: July 6, 2017
O:\Mannion\shared\ORDERS - DJ\CIVIL ORDERS\2017 ORDERS\17-0952-01.wpd
1
As Judge Carlson explains, Walsh’s complaint fails to comply with
Fed.R.Civ.P. 8 and it fails to state a cognizable claim. The court has also
reviewed Walsh’s two documents filed after Judge Carlson’s report titled
“Obstruction of Justice”, (Doc. 10, Doc. 11), and does not find them to be
objections to the report.
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