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Kalomiris v. Ford

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


November 20, 2009

ANASTASIOS (TOMMY) KALOMIRIS, PLAINTIFF
v.
JENNIFER FORD, JENNA FIORENTINO, KERRY KNAPP, JACKIE WENTZEL, ROBERT CUVO, JR., KARRI DODSON, WILLIAM KOEHLER, ROBERT LAUDENSLAGER, RICHARD H. SALTER, III, MARTHA MILLER, JOSEPH MILLER, JEFF KNITTER, ROBIN COSTENBADEN, AND GEORGE WARDEN, DEFENDANTS

The opinion of the court was delivered by: Judge Conner

ORDER

AND NOW, this 20th day of November, 2009, upon consideration of the motion (Doc. 78) to stay case management deadlines pending adjudication of defendants' motion to dismiss, filed by defendants Cuvo and Dodson, and upon further consideration of the report of the magistrate judge (Doc. 75), recommending that the motions (Docs. 58, 60, 63) to dismiss the amended complaint be granted, and recommending that all claims against defendants Knitter, Dodson, Cuvo, Knapp, Wentzel, Koehler, Laudenslager, Salter, and Costenbaden be dismissed, and, following an independent review of the record, it appearing that the complaint in the above-captioned matter alleges malicious prosecution and conspiracy, and that the magistrate judge's report recommends that all claims against defendants Knitter, Dodson, Cuvo, Knapp, Wentzel, Koehler, Laudenslager, Salter, Costenbaden, Ford, Fiorentino, and Martha and Joseph Miller be dismissed, and that the conspiracy claim against defendant Warden also be dismissed, and it further appearing that neither party has objected to the magistrate judge's report and recommendation,*fn1 and that there is no clear error on the face of the record,*fn2 see Nara v. Frank, 488 F.3d 187, 194 (3d Cir. 2007) (explaining that "failing to timely object to [a report and recommendation] in a civil proceeding may result in forfeiture of de novo review at the district court level"), it is hereby ORDERED that:

1. The report of the magistrate judge (Doc. 75) is ADOPTED.

2. The motions (Docs. 58, 60, 63) to dismiss the amended complaint are GRANTED.

3. The motion (Doc. 78) to stay case management deadlines pending adjudication of defendants' motion to dismiss is DENIED as moot.

4. All claims against defendants Knitter, Dodson, Cuvo, Knapp, Wentzel, Koehler, Laudenslager, Salter, Costenbaden, Ford, Fiorentino, and Martha and Joseph Miller are DISMISSED.

5. The conspiracy claim against defendant Warden is DISMISSED.

6. The case is REMANDED to the magistrate judge for further proceedings on the remaining claim against defendant Warden.

CHRISTOPHER C. CONNER United States District Judge


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