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James E. Rose, Jr., and Conciata Gabriela Rose v. Heather Roberts

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


June 10, 2011

JAMES E. ROSE, JR., AND CONCIATA GABRIELA ROSE, PLAINTIFFS
v.
HEATHER ROBERTS, ESQUIRE, MARK GRIM, JR., COURT ADMINISTRATOR ADAMS COUNTY,
HONORABLE JUDGE RICHARD RENN, YORK COUNTY, DEFENDANTS

The opinion of the court was delivered by: Judge Conner

ORDER

AND NOW, this 10th day of June, 2011, upon consideration of the Report and Recommendation (Doc. 8) of United States Magistrate Judge Malachy E. Mannion, recommending that the motion (Doc. 3) to proceed in forma pauperis filed by plaintiff James Rose ("Rose") be granted, that Rose's complaint (Doc. 1) be dismissed, and that Rose's motion to supplement his complaint (Doc. 5) to add facts and to add a defendant be denied, and, following an independent review of the record and noting that plaintiff filed objections*fn1 to the report on April 4, 2011 (Doc. 9), and the court finding Judge Mannion's analysis to be thorough and well- reasoned, and the court finding plaintiff's objections to be without merit and squarely addressed by Judge Mannion's report (Doc. 8) and, upon further consideration of Rose's motion to withdraw his complaint (Doc. 12) against defendants Judge Richard Renn ("Renn") and Heather Roberts ("Roberts")*fn2 , the court finding that defendant Mark Grim ("Grim"), as the Adams County Court Administrator, has immunity under the Eleventh Amendment;*fn3 and the court observing the futility of granting Rose's motion to supplement his complaint;*fn4 it is hereby ORDERED that :

1. The report and recommendation of the Magistrate Judge (Doc. 8) are ADOPTED in part and REJECTED in part as follows:

a. The report is ADOPTED insofar as it recommends that Roses's motion to proceed in forma pauperis (Doc. 3) is granted.

b. The report is ADOPTED insofar as it recommends that Rose's complaint (Doc. 1) be dismissed as it pertains to Grim.

c. The report is ADOPTED insofar as it recommends that Rose's motion to supplement his complaint and add a defendant (Doc. 5) be denied.

d. The report is REJECTED as MOOT insofar as it recommends that Rose's complaint (Doc. 1) be dismissed as pertains to Roberts and Renn.

2. The motion to proceed in forma pauperis (Doc. 3) is GRANTED.

3. The motion to withdraw complaint against Roberts and Renn (Doc. 12) is GRANTED. Rose's claims against Roberts and Renn are DISMISSED.

4. The remaining portions of the complaint (Doc. 1) are DISMISSED.

5. The motion to supplement (Doc. 5) is DENIED.

6. The Clerk of Court is directed to CLOSE the above captioned case.

CHRISTOPHER C. CONNER United States District Judge


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