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Victor Lloyd Mitchell v. Joel R. Hogentogler and William B. Jackson

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


June 20, 2012

VICTOR LLOYD MITCHELL, PLAINTIFF
v.
JOEL R. HOGENTOGLER AND WILLIAM B. JACKSON,
DEFENDANTS

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

(Magistrate Judge Blewitt)

ORDER THE BACKGROUND OF THIS ORDER IS AS FOLLOWS:

On May 14, 2012, Magistrate Judge Blewitt issued a Report and Recommendation in which he recommended that Plaintiff Victor Lloyd Mitchell's amended complaint be dismissed in part pursuant to the screening requirements of the Prison Litigation Reform Act, 28 U.S.C. § 1915(e). (Doc. No. 30.) Despite the Court having granted Plaintiff an extension of time to file objections (Doc. No. 34), Plaintiff has failed to raise any objections to the Report and Recommendation.*fn1

ACCORDINGLY, on this 20th day of June 2012, upon a de novo review of Magistrate Judge Blewitt's Report and Recommendation, IT IS HEREBY ORDERED THAT:

1. Magistrate Judge Blewitt's Report and Recommendation (Doc. No. 30) is ADOPTED;

2. Plaintiff's requests that this Court institute criminal charges against Defendants for their allegedly illegal behavior are DISMISSED WITH PREJUDICE;

3. Plaintiff's claims under the Fourteenth Amendment are DISMISSED WITH PREJUDICE; and

4. Plaintiff's First Amendment retaliation claim is DISMISSED WITHOUT PREJUDICE to Plaintiff filing an amended complaint, correcting the defects outlined in Magistrate Judge Blewitt's Report and Recommendation, within twenty-one days of the date of this order;

5. If Plaintiff does not file an amended complaint within twenty-one days of the date of this order, the Clerk of Court is directed to close the case; and

6. If Plaintiff files an amended complaint within twenty-one days of the date of this order, all further proceedings in this matter are referred to Magistrate Judge Blewitt.

Yvette Kane, Chief Judge United States District Court Middle District of Pennsylvania


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