Correa v. Janczak

Full title: JONATHAN JERMAIN CORREA, Plaintiff, v. JOSEPH JANCZAK, Defendant.

Court: United States District Court, Middle District of Pennsylvania

Date published: Jul 25, 2022

Civil Action 3:22-CV-863 (M.D. Pa. Jul. 25, 2022)

Opinion

Civil Action 3:22-CV-863

07-25-2022

JONATHAN JERMAIN CORREA, Plaintiff, v. JOSEPH JANCZAK, Defendant.

Robert D. Mariani United States District Judge

ORDER

Robert D. Mariani United States District Judge

AND NOW, THIS 25^th DAY OF JULY 2022, upon review of Magistrate Judge Martin C. Carlson's Report and Recommendation (“R&R”) (Doc.7) for clear error or manifest injustice, IT IS HEREBY ORDERED THAT:

1. The R&R (Doc. 7) is ADOPTED as modified. The Court adopts the R&R for the reasons set forth therein except that the Court dismisses the Complaint (Doc. 1) without prejudice to Plaintiff filing an amended complaint upon completion of his state court proceedings rather than allowing him leave to amend now and, upon the filing of an amended complaint, staying the case pending completion of his state court criminal proceedings (see Doc. 7 at 9).

2. Plaintiff is conditionally GRANTED leave to proceed in forma pauperis.

3. Plaintiffs Complaint (Doc. 1) is DISMISSED WITHOUT PREJUDICE:

4. The Clerk of Court is directed to CLOSE THIS CASE.