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Howell v. Wilson

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA


March 7, 2006

CURTIS HOWELL, PLAINTIFF
v.
SHANE WILSON, KATHY BOWERS, KEN WINGO, JOHN TOROK, KEN SAULEY, AND ROBERT PATINKA, DEFENDANTS

The opinion of the court was delivered by: Judge Caldwell

Magistrate Judge Mannion

ORDER

AND NOW, this 7th day of March, 2006, upon consideration of the report (doc. 19) of the magistrate judge, filed January 30, 2006, to which no objections were filed, and upon independent review of the record, it is ordered that:

1. The magistrate judge's report is adopted and the defendants' motion to strike (doc. 17) is granted as follows in paragraph 2 of this order. In all other respects, it is denied.

2. The requests for liquidated damages and for compensatory relief in paragraph 27(B) of the original complaint and in paragraph 10(C) of the amended (really the supplemental) complaint are hereby stricken.

3. In accord with magistrate judge's recommendation, the requests for declaratory and injunctive relief in paragraph 27(A) and (C) of the original complaint and in paragraphs 10(B) and (D) of the amended (really the supplemental) complaint are hereby stricken.

4. This matter is remanded to the magistrate judge for further proceedings.

William W. Caldwell United States District Judge

20060307

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