Pona v. Weeden, et al.
Filing
21
ORDER adopting 20 Report and Recommendations and granting 12 Motion to Dismiss for Failure to State a Claim, but Plaintiff has 30 days to file an amended complaint that cures the deficiencies identified by the Magistrate Judge in the Report and Recommendation; if Plaintiff does not file an amended complaint on or before 8/31/17, then the case will be dismissed with prejudice. So Ordered by Chief Judge William E. Smith on 8/1/2017. (Jackson, Ryan)
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF RHODE ISLAND
___________________________________
)
)
)
Plaintiff,
)
)
v.
)
)
ASSISTANT DIRECTOR JAMES WEEDEN,
)
et al.,
)
)
Defendants.
)
___________________________________)
CHARLES PONA,
C.A. No. 16-612 S
ORDER
WILLIAM E. SMITH, Chief Judge.
Magistrate Judge Patricia A. Sullivan filed a Report and
Recommendation
(“R&R”)
on
June
29,
2017
(ECF
No.
20)
recommending that the Court grant Defendants’ Motion to Dismiss
Plaintiff’s Complaint for failure to state a claim upon which
relief may be granted and lack of subject matter jurisdiction
(ECF No. 12), but provide Plaintiff with an opportunity to file
an amended complaint.
the R&R.
Neither party has filed an objection to
After carefully reviewing the Complaint, Defendants’
Motion to Dismiss, and the R&R, this Court ACCEPTS the R&R in
its
entirety
and
adopts
the
reasoning
set
forth
therein.
Defendants’ Motion to Dismiss is GRANTED, but Plaintiff has 30
days to file an amended complaint that cures the deficiencies
identified by the Magistrate Judge in the R&R.
If Plaintiff
does not file an amended complaint within 30 days from the date
of this order, then the case will be dismissed with prejudice.
IT IS SO ORDERED.
William E. Smith
Chief Judge
Date: August 1, 2017
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?