Mable v. Beard

Full title: STEVEN MABLE, et al., PLAINTIFFS, v. JEFFREY A. BEARD, et al., DEFENDANTS

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

Date published: Apr 26, 2011

No. 3:10-CV-1214 (M.D. Pa. Apr. 26, 2011)

Opinion

No. 3:10-CV-1214.

April 26, 2011

ORDER

A. CAPUTO, District Judge

NOW this 26^th day of April, 2011, the motion to strike (Doc. 70) the amended complaint is GRANTED. The amended complaint (Doc. 68) is STRICKEN for violating Fed.R.Civ.P. 15(a)(2). Upon review of the report and recommendation of Magistrate Judge J. Andrew Smyser (Doc. 23) for plain error or manifest injustice, IT IS FURTHER ORDERED that:

(1) The report and recommendation (Doc. 55) is ADOPTED.

(2) The motions to dismiss the complaint (Docs. 39, 51) against defendants Beard, Sowga, and Walsh is GRANTED.

(3) This plaintiff is given leave to file an amended complaint in accordance with Local Rule 15.1 within twenty-one days from the date of this Order.

(4) This matter is RECOMMITTED to the magistrate judge.