Hill v. Havens, Shrawder

Filing 12

ORDER adopting in part Report and Recommendation - IT IS HEREBY ORDERED that Magistrate Judge Carlson's Report and Recommendation 7 is adopted in part and rejected in part. The case is remanded to Magistrate Judge Carlson for further proceedings. (see order for further/complete details) Signed by Honorable Matthew W. Brann on 3/29/18 (lg)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
NATHANIEL HILL,

No. 4:18-CV-00212

Plaintiff.

(Judge Brann)

v.
(Magistrate Judge Carlson)
TPR. T.R. HAVENS, and TPR.
BRANDON SHRAWDER,
Defendants.
ORDER
AND NOW, this 29th day of March 2018, upon de novo review of
Magistrate Judge Martin C. Carlson’s Report and Recommendation (ECF No. 7),
IT IS HEREBY ORDERED that:
1. Magistrate Judge Martin C. Carlson’s January 31, 2018 Report and
Recommendation (ECF No. 7) is ADOPTED in part and REJECTED in
part. The Report and Recommendation is adopted to the extent that it
finds, pursuant to a preliminary review of this pro se complaint under 28
U.S.C. § 1915(e)(2)(B)(ii), that Plaintiff’s original Complaint was subject
to dismissal for failure to comply with Federal Rule of Civil Procedure 8.
The Report is rejected, however, to the extent that it calls for dismissal of
this action without prejudice. Such an action is not needed in the instant
matter. I note specifically that, following the issuance of the Report and

-1 -

Recommendation, Plaintiff filed an “Amended Complaint” correcting the
deficiencies outlined with the Report and Recommendation.
2. This case is therefore REMANDED to Magistrate Judge Carlson for
further proceedings.

BY THE COURT:

s/ Matthew W. Brann
Matthew W. Brann
United States District Judge

-2 -