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Scott v. Luther

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


July 2, 2010

BERNARD R. SCOTT, PLAINTIFF
v.
JAMEY P. LUTHER; JAMES WARRINGTON; MICHELLE DRISKEL HOUSER; JAMES M. SUTTON, DEFENDANTS

The opinion of the court was delivered by: Judge Terrence F. McVerry

Chief Magistrate Judge Amy Reynolds Hay

Re: Dkt. [42]

ORDER

Bernard R. Scott, filed an action in the above-captioned case, and after a Report and Recommendation was filed by the United States Magistrate Judge giving the plaintiff until June 14, 2010 to file written objections thereto, and no objections having been filed, and upon independent review of the record, and upon consideration of the Magistrate Judge's Report and Recommendation, which is adopted as the opinion of this Court,

AND NOW, this day of 2nd July, 2010, after the Plaintiff,

IT IS HEREBY ORDERED that Defendants' motion to dismiss is granted without prejudice to filing an amended complaint. Plaintiff has until to file an , the Clerk shall mark the case closed.

IT IS FURTHER ORDERED that, pursuant to Rule 4(a)(1) of the Federal Rules of Appellate Procedure, if the parties desire to appeal from this Order they must do so within thirty (30) days by filing a notice of appeal as provided in Rule 3, Fed.R.App.P.

July 23, 2010 amended complaint. If Plaintiff fails to do so on or before July 23, 2010.

TERRENCE F. McVERRY United States District Judge

20100702

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