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Gary Evans v. John Potter

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


August 2, 2011

GARY EVANS
PLAINTIFF :
v.
JOHN POTTER, POSTMASTER GENERAL, U.S. POSTAL SERVICE DEFENDANTS

The opinion of the court was delivered by: Chief Judge Kane

(Magistrate Judge Carlson)

ORDER

Before the Court in the captioned action is an July 15, 2011 report of the Magistrate Judge. No timely objections have been filed.

Accordingly, upon review of the record and the applicable law, IT IS HEREBY ORDERED THAT:

1) The Court adopts the Report and Recommendation of Magistrate Judge Carlson.

2) The Defendant's Motion to Dismiss, (Doc. No. 17), is GRANTED.

3) The Plaintiff's complaint is dismissed without prejudice to any effort by Evans to timely allege facts and legal claims in an amended complaint which might state a claim upon which relief may be granted, and without prejudice to the defendants asserting any defenses which they may possess to any allegations, claims and causes of action set forth in an amended complaint.

4) The Clerk of Court shall close the file.

YVETTE KANE, Chief Judge United States District Court Middle District of Pennsylvania

20110802

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