Opinion
Civil Action 4:23-CV-00841
07-26-2023
GARY-JON ROGERS, Paintiff, v. LYCOMING COUNTY TAX BUREAU, et al., Defendants.
Mehalchick Magistrate Judge
ORDER
Robert D. Mariani United States District Judge
AND NOW, THIS 26th DAY OF JULY 2023, upon consideration of Magistrate Judge Karoline Mehalchick's Report and Recommendation (“R&R”) (Doc. 10) and all relevant documents for clear error or manifest injustice, IT IS HEREBY ORDERED THAT:
1. The R&R (Doc. 10) is ADOPTED for the reasons stated therein;
The Court notes that the legal standard set out in the R&R includes reference to injunctions in the correctional context (Doc. 10 at 8) which is not relevant in this case in that Plaintiff is not incarcerated. Because the R&R's analysis and recommended disposition does not rely on the correctional standard (see /d. at 9-13), the Court adopts the R&R for the reasons stated by the Magistrate Judge.
2. The motion for preliminary injunction (Doc. 5) is DENIED;
3. The above-captioned action is DISMISSED WITHOUT PREJUDICE for lack of subject matter jurisdiction;
4. The Clerk of Court is directed to CLOSE this case.