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Barbara E. Reinhold and Kenneth Reinhold v. County of York

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


September 18, 2012

BARBARA E. REINHOLD AND KENNETH REINHOLD, PLAINTIFFS
v.
COUNTY OF YORK, ET AL., DEFENDANTS

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

ORDER

AND NOW, this 18th day of September, 2012, upon consideration of the Report and Recommendation of United States Magistrate Judge Mildred E. Methvin (Doc. 48), recommending that defendants' motions to dismiss (Docs. 33, 35) be granted in part and denied in part, and, following an independent review of the record, it appearing that neither party has objected to the magistrate judge's report and recommendation, and that there is no clear error on the face of the record,*fn1 see Nara v. Frank, 488 F.3d 187, 194

(3d Cir. 2007) (explaining that "failing to timely object to [a report and recommendation] in a civil proceeding may result in forfeiture of de novo review at the district court level"), it is hereby ORDERED that:

1. The Report and Recommendation of Magistrate Judge Methvin (Doc. 48) are ADOPTED in their entirety.

2. The motions to dismiss (Docs. 33, 35) are GRANTED in part and DENIED in part, as set forth in the Report and Recommendations which are incorporated by reference as though fully set forth herein.

3. Plaintiffs' unopposed motion for leave to file an amended complaint (Doc. 53) is GRANTED.

4. The Clerk of Court is DIRECTED to separately file plaintiffs' amended complaint (Docs. 53-2, 53-3) pursuant to the rules of this court.

CHRISTOPHER C. CONNER United States District Judge


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