Smith v. Haband

Filing 5

ORDER (memorandum filed previously as separate docket entry) ADOPTING REPORT AND RECOMMENDATION of Magistrate Judge Carlson; overruling 3 Objections ; Complaint is DISMISSED for failure to state a claim; Clerk of Court is directed to CLOSE this case. Signed by Honorable James M. Munley on 10/30/17. (sm)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
CHARMANE SMITH,
Plaintiff

:
3:17cv1677
:
:
(Judge Munley)
v.
:
:
(Magistrate Judge Carlson)
HABAND,
:
Defendant
:
::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::
ORDER
AND NOW, to wit, this 30th day of October 2017, it is hereby ORDERED
as follows:
1. Plaintiff’s Objections (Doc. 3) to Magistrate Judge Martin C. Carlson’s
report and recommendation (Doc 2) are OVERRULED;
2. Magistrate Judge Martin C. Carlson’s report and recommendation is
ADOPTED;
3. Plaintiff’s complaint (Doc.1) is DISMISSED for failure to state a claim for
which relief may be granted, and for lack of subject matter jurisdiction, without
prejudice to file in an appropriate state court; and
4. The Clerk of Court is directed to close this case.

s/James M. Munley_______
JUDGE JAMES M. MUNLEY
United States District Court