SCOTT v. LUTHER et al

Filing 58

ORDER adopting Report and Recommendation re 56 Report and Recommendation. IT IS HEREBY ORDERED that Defendants motion to dismiss is granted without prejudice to filing an amended complaint. Plaintiff has until 7/23/2010to file anamended complaint. If Plaintiff fails to do so on or before 7/23/2010, the Clerk shall mark the case closed. Signed by Judge Terrence F. McVerry on 7/2/2010. (kly)

SCOTT v. LUTHER et al

Doc. 58

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA BERNARD R. SCOTT, Plaintiff vs. JAMEY P. LUTHER; JAMES WARRINGTON; MICHELLE DRISKEL HOUSER; JAMES M. SUTTON, Defendants ) ) ) ) ) ) ) ) ) )

Civil Action No. 09-55J Judge Terrence F. McVerry Chief Magistrate Judge Amy Reynolds Hay

Re: Dkt. [42]

ORDER AND NOW, this 2nd day of July

, 2010, after the Plaintiff,

Bernard R. Scott, filed an action in the above-captioned case, and after a Report and Recommendation was filed by the United States Magistrate Judge giving the plaintiff until June 14, 2010 to file written objections thereto, and no objections having been filed, and upon independent review of the record, and upon consideration of the Magistrate Judge's Report and Recommendation, which is adopted as the opinion of this Court, IT IS HEREBY ORDERED that Defendants' motion to dismiss is granted without prejudice to filing an amended complaint. Plaintiff has until July 23, 2010 to file an amended complaint. If Plaintiff fails to do so on or before July 23, 2010, the Clerk shall mark the case closed. IT IS FURTHER ORDERED that, pursuant to Rule 4(a)(1) of the Federal Rules of Appellate Procedure, if the parties desire to appeal from this Order they must do so within thirty (30) days by filing a notice of appeal as provided in Rule 3, Fed.R.App.P.

s/ Terrence F. McVerry TERRENCE F. McVERRY United States District Judge

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cc:

Honorable Amy Reynolds Hay Chief United States Magistrate Judge Bernard R. Scott DG-5772 SCI Cresson P.O. Box A Old Rt. 22 Cresson, PA 16699-0001 All counsel of record via CM-ECF