Hunt v. City of Wilkes Barre et al

Filing 40

ORDER adopting 39 Report and Recommendations; denying 33 Motion to Dismiss for Failure to State a Claim; ORDER REFERRING CASE to Magistrate Judge Martin C. Carlson for Pretrial Management. Signed by Honorable Robert D. Mariani on 12/3/21. (jam)

UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
HAROLD HUNT,
3:20-CV-464
(JUDGE MARIANI)
(Magistrate Judge Carlson)

Plaintiff,
V.

MATTHEW SMITH,
Defendant.
ORDER
AND NOW, THIS

5 /1/1__,, DAY OF DECEMBER, 2021 , upon review of Magistrate

Judge Martin C. Carlson's Report and Recommendation (''R&R") (Doc. 39) for clear error or
manifest injustice, IT IS HEREBY ORDERED THAT:
1. The R&R (Doc. 39) is ADOPTED for the reasons set forth therein.
2. Defendant Matthew Smith's Motion to Dismiss (Doc. 33) is DENIED.
3. The case is REMANDED to Magistrate Judge Carlson for further proceedings
consistent with this Order.