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Miguel Davila v. County of Lackawanna

April 15, 2013

MIGUEL DAVILA, PLAINTIFF
v.
COUNTY OF LACKAWANNA, ET AL. DEFENDANTS



The opinion of the court was delivered by: Malachy E. Mannion United States District Judge

(Mannion, D.J.)

(Schwab, M.J.)

ORDER

IT IS HEREBY ORDERED THAT:

(1) Plaintiff's motion for leave to proceed in forma pauperis, (Doc. No. 4), is GRANTED.

(2) The report and recommendation of Judge Schwab, (Doc. No. 5), is ADOPTED IN FULL.

(3) Plaintiff's complaint, (Doc. No. 1), is DISMISSED WITHOUT PREJUDICE to refiling an Amended Complaint, on or before May 15, 2013, addressing the deficiencies addressed in Judge Schwab's report and recommendation. (Doc. No. 5). Failure to timely file a sufficient Amended Complaint will result in the dismissal of this action with prejudice.

(4) Because the complaint is dismissed, plaintiff's motion to stay the case, (Doc. No. 7), is DISMISSED AS MOOT.

Malachy E. Mannion

20130415

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