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General Population Block 2 Lebanon County Prison v. Lebanon County Prison

United States District Court, Third Circuit

May 14, 2013

GENERAL POPULATION BLOCK 2 LEBANON COUNTY PRISON, Plaintiffs
v.
LEBANON COUNTY PRISON, Defendant

ORDER

CHRISTOPHER C. CONNER, District Judge.

AND NOW, this 14th day of May, 2013, upon consideration of the Report and Recommendation of United States Magistrate Judge Thomas M. Blewitt (Doc. 17), recommending that: (1) plaintiff Santiago's motion to proceed in forma pauperis be granted; (2) the 30-Day Administrative Order be vacated; (3) Defendant Lebanon County Prison be dismissed with prejudice, and (4) Plaintiff Santiago's request for class certification be denied, 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, [1] 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 Blewitt (Doc. 17) are ADOPTED.
2. Plaintiff Santiago's motion to proceed in forma pauperis (Doc. 13) is GRANTED.
3. The 30-Day Administrative Order (Doc. 16) is VACATED.
4. Defendant Lebanon County Prison is DISMISSED with prejudice.
5. Plaintiff Santiago's request for class certification is DENIED.
6. Plaintiff is granted leave to file an amended complaint within twenty (20) days of the date of this order regarding only his Eighth Amendment claims against proper party Defendants as specified in Magistrate Judge Blewitt'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.
7. The above-captioned case is REMANDED to Magistrate Judge Blewitt for further proceedings.

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