Payne v. Stanbaugh

Full title: JOSHUA I. PAYNE, Plaintiff v. C.O. STANBAUGH, Defendant

Court: United States District Court, Middle District of Pennsylvania

Date published: Apr 9, 2024

1:22cv2063 (M.D. Pa. Apr. 9, 2024)

Opinion

1:22cv2063

04-09-2024

JOSHUA I. PAYNE, Plaintiff v. C.O. STANBAUGH, Defendant

JULIA K. MUNLEY JUDGE

Carlson Magistrate Judge

ORDER

JULIA K. MUNLEY JUDGE

AND NOW, to wit, this 9th day of April 2024, it is hereby ORDERED as follows:

1) Magistrate Judge Martin C. Carlson's Report and Recommendation (Doc. 19) is ADOPTED;

2) The defendant's objections (Doc. 20) are OVERRULED;

3) The defendant's motion to dismiss (Doc. 13) is GRANTED to the extent that the plaintiff shall be allowed to file an amended complaint;

4) Plaintiff need not file an additional amended complaint at this time, and the Clerk of Court is directed to docket the plaintiff's proposed amended complaint (Doc. 22) as an amended complaint;

5) The defendant's motion to dismiss is DENIED as moot with regard to the “access to the court” and “equal protection” claims as they are not contained in plaintiff's proposed amended complaint;

6) Defendant shall file an appropriate response to the amended complaint within twenty-one (21) days of the date of this order; and

7) The Clerk of Court is directed to remand this case to Magistrate Judge Carlson for further proceedings.