PERRIN v. IUZZOLINO et al

Filing 36

MEMORANDUM ORDER. Defendants' Motion to Dismiss (Doc. 21 ) is DENIED, without prejudice to later renewal if and as appropriate; this case hereby is STAYED and ADMINISTRATIVELY CLOSED; and the Magistrate Judge's Report and Recommendation (D oc. 32 ) is adopted as the Opinion of the District Court. If and when Plaintiff's criminal charges are dismissed or resolved in his favor, he may file with this Court a motion to reopen his case. Finally, Defendant Matthew Truesdell's Mot ion (Doc. 34 ) for extension of time to file a responsive pleading is GRANTED, and his deadline for answering or otherwise responding to the Complaint is extended until thirty (30) days after the Court enters an order lifting the stay and reopening this case. Signed by Judge Cathy Bissoon on 2/6/17. (dcd) Staff note: a copy of this Order was sent today, via First-Class U.S. Mail, to Plaintiff's address of record.

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
JAMES PERRIN,
Plaintiff,
v.
ROBERT IZZULINO, et al.,
Defendants.

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Civil Action No. 16-791
Judge Cathy Bissoon
Magistrate Judge Cynthia Reed Eddy

MEMORANDUM ORDER
This case was referred to United States Magistrate Judge Cynthia Reed Eddy for pretrial
proceedings in accordance with the Magistrates Act, 28 U.S.C. §§ 636(b)(l)(A) and (B),
and Local Rule of Civil Procedure 72.
On January 11, 2017, the Magistrate Judge issued a Report (Doc. 32) recommending that
Defendants’ Motion to Dismiss (Doc. 21) be denied, but that the Court stay and administratively
close this action until the conclusion of Plaintiff’s criminal proceedings. Service of the Report
and Recommendation was made on Plaintiff, and no objections have been filed.
After a review of the pleadings and documents in the case, together with the Report and
Recommendation, it hereby is ORDERED that Defendants’ Motion to Dismiss (Doc. 21)
is DENIED, without prejudice to later renewal if and as appropriate; this case hereby is
STAYED and ADMINISTRATIVELY CLOSED; and the Magistrate Judge’s Report and
Recommendation is adopted as the Opinion of the District Court.
If and when Plaintiff’s criminal charges are dismissed or resolved in his favor, he may
file with this Court a motion to reopen his case. Plaintiff is forewarned, however, that any such
motion must be appropriately supported, and, should it be in contradiction to information

available in the public-record (e.g., his criminal docket), the request will, in the absence of good
cause shown, be summarily denied. Finally, Defendant Matthew Truesdell’s Motion (Doc. 34)
for extension of time to file a responsive pleading is GRANTED, and his deadline for answering
or otherwise responding to the Complaint is extended until thirty (30) days after the Court enters
an order lifting the stay and reopening this case.
IT IS SO ORDERED.

February 6, 2017

s\Cathy Bissoon
Cathy Bissoon
United States District Judge

cc (via First-Class U.S. Mail):
James Perrin
35370-068
2240 Hubbard Rd.
Youngstown, OH 44505
cc (via ECF email notification):
All Counsel of Record

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