Newsome v. Catone

Full title: BRENTON BOYD NEWSOME, Plaintiff, v. TOBY CATONE, Defendants.

Court: UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF PENNSYLVANIA

Date published: Mar 15, 2013

Civil Action No. 3:12-CV-2475 (M.D. Pa. Mar. 15, 2013)

Opinion

Civil Action No. 3:12-CV-2475

03-15-2013

BRENTON BOYD NEWSOME, Plaintiff, v. TOBY CATONE, Defendants.

Edwin M. Kosik

(Judge Kosik)

ORDER

AND NOW, this 15 day of March, 2013, IT APPEARING TO THE COURT THAT:

1. On December 11, 2012, Plaintiff filed, pro se, a Complaint pursuant to 42 U.S.C. § 1983 alleging he suffered an array of maladies, including chest pain, dizziness, constipation, a burning sensation when urinating, episodes of vomiting blood, a swollen abdomen, and infected urethra, pelvic pain, and a "75% loss of pubic hair." (Doc. 1). Plaintiff also filed a motion for leave to proceed in forma pauperis the same day (Doc. 2).
2. Magistrate Judge Martin C. Carlson screened the pro se Complaint pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii) and issued a Report and Recommendation ("R&R"). (Doc. 9).
3. In the R&R, Magistrate Judge Carlson recommends granting Plaintiff's motion for leave to proceed in forma pauperis and dismissing Plaintiff's Complaint as to the Immigration Service, Warden Sabol and Prime Care Medical, Inc. (Id.). The R&R also recommended allowing Plaintiff to amend his Complaint to fix the defects noted in the R&R. (Id.).
4. Pursuant to Local Rule 72.3, Plaintiff was given fourteen (14) days, after being served with a copy of the Report and Recommendation, to make any objections to the Magistrate Judge's proposed findings, recommendations, or report.
5. Instead of filing objections to the R&R, Plaintiff filed a motion for leave to file an amended complaint. (Doc. 13). Attached to his motion was an amended complaint. (Id. at Att. 1).
6. After considering the R&R of the Magistrate Judge and Plaintiff's motion for leave to file an amended complaint, we will adopt the R&R and grant Plaintiff's motion. Plaintiff's Amended Complaint will be remanded to the Magistrate Judge for screening purposes.

ACCORDINGLY, IT IS HEREBY ORDERED THAT:

1. The Report and Recommendation (Doc. 9) of Magistrate Judge Carlson is ADOPTED;
2. Plaintiff's motion for leave to proceed in forma pauperis (Doc. 2) is GRANTED;
3. Plaintiff's motion to file an Amended Complaint (Doc. 13) is GRANTED; and
4. The Clerk of Court is directed to REMAND this case to the Magistrate Judge for further proceedings consistent with this Order.

____________________

Edwin M. Kosik

United States District Judge