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Smith v. Hanuska

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


January 21, 2010

STEWART C. SMITH, PLAINTIFF
v.
JOHN HANUSKA, ET AL., DEFENDANTS

The opinion of the court was delivered by: Judge Conner

ORDER

AND NOW, this 21st day of January, 2010, upon consideration of the report of the magistrate judge (Doc. 22), to which objections were filed (Doc. 23), recommending that plaintiff's action be dismissed in its entirety for failure to prosecute and to comply with the order of court (Doc. 21) dated September 11, 2009,*fn1 and, following an independent review of the record, it appearing that plaintiff has elected to forego his deficiently-pled claims, (see Doc. 23), and to proceed with the well-pleaded allegations appearing in his complaint (Doc. 1), it is hereby

ORDERED that:

1. The report and recommendation of the magistrate judge (Doc. 22) is REJECTED insofar as it recommends that plaintiff's action be dismissed in its entirety.

2. Plaintiff's deficiently-pled claims, which are identified in Paragraph 1(b) of the order of court (Doc. 21) dated September 11, 2009, are DISMISSED with prejudice.

3. The above-captioned case is REMANDED to the magistrate judge for further proceedings.

CHRISTOPHER C. CONNER United States District Judge


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