MARKS v. CONIZEN HEALTH CARE, INC. ET AL et al

Filing 18

ORDER adopting Report and Recommendations re 17 ; on or before July 11, 2013 plaintiff shall file an amended complaint; (see order for further details); the action is remanded to Mag Judge Susan E. Schwab. Signed by Honorable Matthew W. Brann on 6/19/13 (lg)

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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA DEVINE MARKS, Plaintiff, v. CONIZEN HEALTH CARE, INC., et. al., Defendants. : : : : : : : : : : Civil Action No. 4:13-CV-0726 (Judge Brann) (Magistrate Judge Schwab) ORDER June 19, 2013 BACKGROUND: The undersigned has given full and independent consideration to the thorough May 24, 2013 report and recommendation of Magistrate Judge Susan E. Schwab. ECF No. 17. Objections to the report and recommendation were due June 10, 2013. No objections have been filed by the plaintiff. Because this Court agrees with Judge Schwab’s thorough analysis, the Court will not rehash the sound reasoning of the magistrate judge and will adopt the report and recommendation in its entirety. Additionally, this Court will direct Marks as to how to amend his complaint. However, if Marks does not file an amended complaint that complies with the 1 terms of this Order and the report and recommendation of Magistrate Judge Schwab (ECF No. 17) on or before July 11, 2013, the Court will dismiss the case with prejudice pursuant to Fed. R. Civ. P. 41(b). NOW, THEREFORE, IT IS HEREBY ORDERED TH . T: 1A 1. United States Magistrate Judge Susan E. Schwab’s Report and Recommendation is ADOPTED in full. ECF No. 17 2. On or before July 11, 2013, the plaintiff shall file an amended complaint. 3. The plaintiff’s amended complaint shall be complete, in and of itself, without reference to any prior filings. 4. The plaintiff’s amended complaint must include appropriate allegations of the defendants personal involvement. 5. The plaintiff’s amended complaint must specifically state, in separate numbered counts, which constitutional right he alleges the defendant(s) have violated and which defendant(s) they are alleging are involved in each count. 6. In accordance with Fed. R. Civ. P. 8(d), each averment of the plaintiff’s amended complaint shall be simple, concise and direct. 7. Should the plaintiff fail to file his amended complaint within the 2 required time period, or fail to follow the above mentioned procedures, the undersigned will dismiss the action with prejudice. 8. The action is remanded to Magistrate Judge Susan E. Schwab BY THE COURT: s/ Matthew W. Brann Matthew W. Brann United States District Judge 3

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