Opinion
CIVIL ACTION NO. 1:11-cv-2359
02-27-2012
(Chief Judge Kane)
(Magistrate Judge Smyser)
ORDER
Before the court in the captioned action is a February 6, 2012 report of the magistrate judge. No timely objections have been filed.
Accordingly, this 27th day of February, 2012, upon review of the record and the applicable law, IT IS HEREBY ORDERED THAT:
1) The Court adopts the Report and Recommendation of Magistrate Judge Smyser.
2) Defendant's motion (Doc. No. 4) to dismiss the original complaint or, in the alternative, for a more definite statement is denied as moot.
3) Plaintiff's motion (Doc. No. 6) for a change of venue is construed as a motion asking the court to decline to exercise supplemental jurisdiction and remand the case to state court. The case is remanded to Magisterial District Court No. 39-3-06 in Franklin County, Pennsylvania.
4) The Clerk of Court shall CLOSE the case.
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YVETTE KANE, Chief Judge
United States District Court