Porter v. King

Full title: ROBERT PORTER, Plaintiff, v. A. KING, Correction Officer; ORENBAUN…

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

Date published: Mar 27, 2007

Civil Action No. 04-1228, Doc. Nos. 53 (W.D. Pa. Mar. 27, 2007)

Opinion

Civil Action No. 04-1228, Doc. Nos. 53.

March 27, 2007

ORDER

LISA LENIHAN, Magistrate Judge

Plaintiff, Robert Porter, field a "Motion to Have Amended Complaint Served on Defendant" (Doc. No. 53) on March 26, 2007. While Plaintiff did file a "Motion for Leave to File an Amended Complaint" (Doc. No. 50) on March 20, 2006, the Court interpreted the motion as leave to amend the caption. The motion was granted and the Clerk of Court amended the caption so the Defendant "The Sergeant" was changed to Defendant "Sergeant Negley". Counsel from the Office of the Attorney General has entered an appearance on behalf of Defendant Sergeant Negley, rendering the motion on service moot. Therefore,

IT IS ORDERED this 27^th day of March, 2007, that Plaintiff's "Motion to Have Amended Complaint Served on Defendant" (Doc. No. 53) filed on March 26, 2007, is DENIED as moot. IT IS FURTHER ORDERED that the parties are allowed ten (10) days from this date to appeal this order to a district judge pursuant to Local Rule 72.1.3 B. Failure to appeal within ten (10) days may constitute waiver of the right to appeal.