Opinion
No. 3:12-cv-1096
08-14-2012
JUSTIN WADLEY, Plaintiff, v. DAUPHIN COUNTY PROBATION & PAROLE, Defendant.
(JUDGE CAPUTO)
(MAGISTRATE JUDGE BLEWITT)
ORDER
NOW this 14th day of August, 2012, upon review of the Report and Recommendation of Magistrate Thomas M. Blewitt (Doc. 6) for plain error or manifest injustice, IT IS HEREBY ORDERED that:
(1) The Report and Recommendation (Doc. 6) is ADOPTED;
(2) The Clerk of Court is directed to docket Plaintiff's present case as a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254;
(3) Plaintiffs claim for monetary damages are DISMISSED WITHOUT PREJUDICE to be re-filed in a separate § 1983 action; and
(4) This matter is RECOMMITTED to Magistrate Judge Blewitt for further proceedings.
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A. Richard Caputo
United States District Judge