BREWER v. SPECIALIZED PROFESSIONAL SERVICES INC. et al

Filing 6

ORDER adopting 5 Report and Recommendation. IT IS FURTHER ORDERED that Mr. Brewer must file an amended complaint, amending his claims for Title VII race discrimination and assault/libel/slander consistent with the Report & Recommendation, by 5/27/2020. Signed by Judge J. Nicholas Ranjan on 5/13/2020. (av)

Case 2:20-cv-00368-NR-CRE Document 6 Filed 05/13/20 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
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JAMARKO S. BREWER,
Plaintiff,
vs.
SPECIALIZED PROFESSIONAL
SERVICES INC., (SPSI); AND
JOHN MITCHELL, OPERATIONS
MANAGER,
Defendants.

MEMORANDUM ORDER
This is a pro se civil rights action, and Plaintiff Jamarko Brewer was
granted leave to proceed in forma pauperis on April 1, 2020 [ECF 3]. This
matter was referred to Chief Magistrate Judge Cynthia Reed Eddy for
proceedings in accordance with the Magistrates Act, 28 U.S.C. § 636(b)(1), and
the Local Rules of Court applicable to Magistrate Judges. Service has not been
effected on the Defendants yet.
Currently before the Court is a Report & Recommendation [ECF 5] filed
by Chief Magistrate Judge Eddy on April 6, 2020, recommending that: (1) Mr.
Brewer’s claims for “other personal injury,” “Fair Labor Standards Act,’”
“Labor/Management Relations,” “other labor litigation,” and “False Claims
Act” be dismissed with prejudice as frivolous prior to service under 28 U.S.C.
§

1915(e)(2);

(2)

Mr.

Brewer’s

Title

VII

race

discrimination

and

“assault/libel/slander” claims be permitted to proceed; and (3) Mr. Brewer be
permitted to file an amended complaint to expand upon the Title VII race

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Case 2:20-cv-00368-NR-CRE Document 6 Filed 05/13/20 Page 2 of 2

discrimination and “assault/libel/slander” claims, only consistent with the
Report & Recommendation.
Mr. Brewer was notified that, pursuant to 28 U.S.C. § 636(b)(1),
objections to the Report & Recommendation were due by April 23, 2020 (for
non-ECF users). No objections were filed.
Upon a de novo review of the record of this matter and the Report &
Recommendation, the Court finds no clear error on the face of the record, and
therefore enters the following order.
AND NOW, this 13th day of May, 2020, it is ORDERED that the
Report & Recommendation [ECF 5] is adopted as the Opinion of the Court.
IT IS FURTHER ORDERED that Mr. Brewer’s claims for “other
personal injury,” “Fair Labor Standards Act,’” “Labor/Management Relations,”
“other labor litigation,” and “False Claims Act” are DISMISSED WITH
PREJUDICE.
IT IS FURTHER ORDERED that Mr. Brewer must file an amended
complaint, amending his claims for Title VII race discrimination and
“assault/libel/slander” consistent with the Report & Recommendation, by May
27, 2020.
BY THE COURT:
/s/ J. Nicholas Ranjan
United States District Judge

Cc:

Jamarko S. Brewer
398 Houston St.
Washington, PA 15301

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