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Dawn Marie Ball v. Beckley

UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA


January 20, 2012

DAWN MARIE BALL,
PLAINTIFF
v.
BECKLEY, ET AL.,
DEFENDANTS

The opinion of the court was delivered by: Yvette Kane, Chief Judge United States District Court Middle District of Pennsylvania

(Chief Judge Kane) (Magistrate Judge Carlson)

ORDER

THE BACKGROUND OF THIS ORDER IS AS FOLLOWS:

On November 4, 2011, Plaintiff Dawn Marie Ball filed an amended complaint against twenty defendants. (Doc. No. 14.) On December 13, 2011, Magistrate Judge Carlson filed a Report and Recommendation in which he recommended that the amended complaint be dismissed with prejudice as to Superintendent Giroux and that Plaintiff's request for a particular amount of unliquidated damages in the amount of $1.2 billion against each Defendant be stricken from the complaint. (Doc. No. 16.) On December 21, 2011, Plaintiff filed objections and a brief in support of those objections, dated December 15, 2011. (Doc. Nos. 19, 20.) Upon a review of Plaintiff's objections and after conducting a de novo review of the Report and Recommendation, the Court finds no error in Magistrate Judge Carlson's Report and Recommendation.*fn1

ACCORDINGLY, on this 20th day of January 2012, IT IS HEREBY ORDERED

THAT the Report and Recommendation (Doc. No. 16) is ADOPTED. Plaintiff's complaint is DISMISSED WITH PREJUDICE as to Superintendent Giroux and the specific dollar claim of $1.2 billion shall be STRICKEN from the complaint. This matter is referred to Magistrate Judge Carlson for all further proceedings.

Yvette Kane


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