BURKE v. ACCO BRANDS, INC.

Full title: SEAN CARLOS BURKE, Plaintiff, v. ACCO BRANDS, INC., et al., Defendants

Court: United States District Court, W.D. Pennsylvania

Date published: Aug 9, 2006

Civil Action No. 05-371 Erie (W.D. Pa. Aug. 9, 2006)

Opinion

Civil Action No. 05-371 Erie.

August 9, 2006

MEMORANDUM ORDER

SEAN McLAUGHLIN, District Judge

This civil rights action was received by the Clerk of Court on December 20, 2005, and was referred to United States Magistrate Judge Susan Paradise Baxter for report and recommendation in accordance with the Magistrates Act, 28 U.S.C. § 636(b)(1), and Rules 72.1.3 and 72.1.4 of the Local Rules for Magistrates.

The Magistrate Judge's Report and Recommendation [Doc. No. 27], filed on July 21, 2006, recommended that Defendant ACCO Brands' motion to dismiss [Doc. No. 5] be denied, and that Plaintiff be directed to file an amended complaint as to his tort claims against ACCO Brands, Boise Cascade Corporation, and John Doe Manufacturer within twenty days. The parties were allowed ten (10) days from the date of service to file objections. Service was made on Plaintiff by certified mail and on Defendants. No objections were filed. After de novo review of the motion and documents in the case, together with the Report and Recommendation, the following order is entered:

AND NOW, this 9^th day of August, 2006;

IT IS HEREBY ORDERED that the Defendant ACCO Brands' motion to dismiss [Doc. No. 5] is DENIED; it is further ORDERED that Plaintiff file an amended complaint as to his tort claims against ACCO Brands, Boise Cascade Corporation, and John Doe Manufacturer, within twenty days.

The Report and Recommendation [Doc. No. 5] of Magistrate Judge Baxter, filed on July 21, 2006, is adopted as the opinion of the Court.