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SCOTT J. BINSACK, SR v. LACKAWANNA COUNTY PRISON

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


December 1, 2010

SCOTT J. BINSACK, SR.,
PLAINTIFF
v.
LACKAWANNA COUNTY PRISON,ET AL.,

The opinion of the court was delivered by: Christopher C. Conner United States District Judge

(Judge Conner)

ORDER

AND NOW, this 1st day of December, 2010, upon consideration of the report of United States Magistrate Judge J. Andrew Smyser (Doc. 132, recommending that the motion to dismiss (Doc. 111) filed by defendants Lackawanna County Commissioners and the Lackawanna County Prison Board be denied; the motion for a more definite statement (Doc. 114) filed by defendants Correctional Care, Inc. and John and Jane Doe Medical Providers, Nurses and Doctors be granted; the motion to strike and/or dismiss the complaint (Doc. 112) filed by defendants Lackawanna County Prison, the Lackawanna County Commissioners, the Lackawanna County Prison Board, Donate, Betti, Prichard, Chiarelli, Carroll, Dominick, Magoosi, Rapford and Frank Doe be granted to the extent that the plaintiff be ordered to file an amended complaint that complies with Fed.R.Civ.P. 8(a) and provides a more definite statement of claims; and the motion to strike or dismiss the complaint (Doc. 118) filed by defendant Zaloga be granted to the extent that the plaintiff be ordered to file an amended complaint that complies with Fed.R.Civ.P. 8(a) and provides a more definite statement of claims, and, following an independent review of the record, it 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 Magistrate Judge Smyser (Doc. 132) is ADOPTED in its entirety.

2. The motion to dismiss (Doc. 111) filed by defendants Lackawanna County Commissioners and the Lackawanna County Prison Board is DENIED.

3. The motion for a more definite statement (Doc. 114) filed by defendants Correctional Care, Inc. and John and Jane Doe Medical Providers, Nurses and Doctors is GRANTED.

4. The motion to strike and/or dismiss the complaint (Doc. 112) filed by defendants Lackawanna County Prison, the Lackawanna County Commissioners, the Lackawanna County Prison Board, Donate, Betti, Prichard, Chiarelli, Carroll, Dominick, Magoosi, Rapford and Frank Doe is GRANTED to the extent that the plaintiff is ordered to file an amended complaint that complies with Fed.R.Civ.P. 8(a) and provides a more definite statement of claims.

5. The motion to strike or dismiss the complaint (Doc. 118) filed by defendant Zaloga is GRANTED to the extent that the plaintiff is ordered to file an amended complaint that complies with Fed.R.Civ.P. 8(a) and provides a more definite statement of claims.

6. The plaintiff is ORDERED to file an amended complaint that complies with Fed.R.Civ.P. 8(a) and that provides a more definite statement of his claims on or before December 23, 2010. Failure to comply with this directive may result in the dismissal of this action.

7. The above-captioned case is REMANDED to Magistrate Judge Smyser for further proceedings.

S/ Christopher C. Conner


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