UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF PENNSYLVANIA
April 15, 2013
MIGUEL DAVILA, PLAINTIFF
COUNTY OF LACKAWANNA, ET AL. DEFENDANTS
The opinion of the court was delivered by: Malachy E. Mannion United States District Judge
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
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