NARANJO v. COULEHAN et al

Filing 39

ORDER ADOPTING 37 Report and Recommendation. IT IS HEREBY ORDERED that Defendants' 23 Motion to Dismiss is GRANTED, and the 37 Report and Recommendation is adopted as the Opinion of the District Court. IT IS FURTHER ORDERED that Plaintif f is granted leave to file an Amended Complaint. Any such Amended Complaint shall be filed on or before 12/24/2024. If no Amended Complaint is filed by that date, the dismissal will be converted to one with prejudice, without further action by the Court.. Signed by Judge Christy Criswell Wiegand on 11/26/2024. (bjw)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
ISAAC NARANJO,
2:23-CV-01983-CCW-MPK

Plaintiff,
v.
UNIT MANAGER COULEHAN, HURD,
WITTMAN, STEPHEN BUZAS, CARLA
SWARTZ, MICHAEL ZAKEN, COOK,
DARR, PBDPP, LAUREL HARRY,
TAMMY FERGUSON,
Defendants.

ORDER
This case has been referred to United States Magistrate Judge Maureen P. Kelly 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 October 31, 2024, the Magistrate Judge issued a Report (the “R&R”), ECF No. 37,
recommending that Defendants’ Motion to Dismiss, ECF No. 23, be granted, and that Plaintiff be
granted leave to amend his Complaint. Service of the R&R was made on the parties, and Plaintiff
has filed Objections. See ECF No. 38.
After a de novo review of the pleadings and documents in the case, together with the R&R
and the Objections thereto, it is hereby ORDERED that Defendants’ Motion to Dismiss, ECF No.
23, is GRANTED. Plaintiff’s Complaint, ECF No. 10, is hereby DISMISSED. Plaintiff is granted
leave to file an Amended Complaint; any such Amended Complaint shall be filed on or before
December 24, 2024. If no Amended Complaint is filed by that date, the dismissal will be

converted to one with prejudice without further action by the Court. The R&R, ECF No. 37, is
adopted as the Opinion of the District Court.
IT IS SO ORDERED.

DATED this 26th day of November, 2024.

BY THE COURT:

/s/ Christy Criswell Wiegand
CHRISTY CRISWELL WIEGAND
United States District Judge

cc (via ECF email notification):
All Counsel of Record

cc (via US mail):
Isaac Naranjo
Pro se
FJ 4369
SCI FRACKVILLE
1111 Altamont Boulevard
Frackville, PA 17931

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