McCarty v. Frymoyer

Filing 8

ORDER ADOPTING REPORT AND RECOMMENDATIONS: United States Magistrate Judge Thomas M. Blewitt's March 25, 2013 Report and Recommendation is Adopted in full. The action is dismissed without prejudice.Signed by Honorable Matthew W. Brann on 6/25/13. (bw)

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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA DWAYNE A. MCCARTY Plaintiff, v. KIRBY FRYMOYER, Defendant. : : : : : : : : : Civil Action No. 4:13-CV-00700 (Judge Brann) (Magistrate Judge Blewitt) ORDER June 25, 2013 BACKGROUND: The undersigned has given full and independent consideration to the March 25, 2013 report and recommendation of Magistrate Judge Thomas M. Blewitt. ECF No. 6. Magistrate Judge Blewitt’s report recommended that plaintiff’s complaint be dismissed without prejudice to allow plaintiff the opportunity to file it in the Court of Common Pleas of Snyder County. Because this Court agrees with Magistrate Judge Blewitt’s analysis, the Court will not rehash the sound reasoning of the magistrate judge and will adopt the report and recommendation in its entirety. 1 NOW, THEREFORE, IT IS HEREBY ORDERED TH . T: 1A 1. United States Magistrate Judge Thomas M. Blewitt’s March 25, 2013 Report and Recommendation is ADOPTED in full. ECF No. 6. 2. The action is DISMISSED without prejudice. BY THE COURT: s/ Matthew W. Brann Matthew W. Brann United States District Judge 2

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