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Eric Lyons v. John Wetzel

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


September 12, 2012

ERIC LYONS,
PLAINTIFF
v.
JOHN WETZEL, ET AL., DEFENDANTS

The opinion of the court was delivered by: (Judge Conner)

ORDER

AND NOW, this 12th day of September, 2012, upon consideration of the Report and Recommendation of United States Magistrate Judge Martin C. Carlson (Doc. 7), recommending that plaintiff's complaint (Doc. 1) be dismissed without prejudice, and, following an independent review of the record and noting that plaintiff filed objections*fn1 to the report on August 2, 2012 (Doc. 8), and the court finding Judge Carlson's analysis to be thorough and well-reasoned, and the court finding plaintiff's objections to be without merit and squarely addressed by Judge Carlson's report (Doc. 7), it is hereby ORDERED that:

1. The Report and Recommendation of Magistrate Judge Carlson (Doc. 7) are ADOPTED.

2. Plaintiff's complaint (Doc. 1) is DISMISSED without prejudice. Plaintiff is granted leave to file an amended complaint within twenty (20) days of the date of this order, which must address the deficiencies noted in Judge Carlson's Report and Recommendation. Failure to file an amended complaint in a timely fashion shall be deemed an abandonment of these claims and this matter shall be dismissed with prejudice.

3. The above-captioned case is REMANDED to Magistrate Judge Carlson for further proceedings.

CHRISTOPHER C. CONNER United States District Judge


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