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Ruther v. United States

United States District Court, Third Circuit

August 8, 2013

L. RUTHER, Plaintiff,
v.
UNITED STATES OFFICERS, Defendants,

ORDER

CHRISTOPHER C. CONNER, District Judge.

AND NOW, this 8th day of August, 2013, upon consideration of the Report and Recommendation of United States Magistrate Judge Susan E. Schwab (Doc. 4), recommending that plaintiff's application to proceed in forma pauperis (Doc. 2) be granted and that plaintiff's complaint (Doc. 1) be dismissed, and, following an independent review of the record, and noting that Plaintiff filed objections[1] to the report (Doc. 5) on July 17, 2013, and the court finding Magistrate Judge Schwab's analysis to be thorough and well-reasoned, it is hereby ORDERED that:

1. The Report and Recommendation of Magistrate Judge Schwab (Doc. 4) are ADOPTED.
2. Plaintiff's application to proceed in forma pauperis (Doc. 2) is GRANTED.
3. 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 shall address the deficiencies set forth in Judge Schwab'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.
4. The above-captioned case is REMANDED to Magistrate Judge Schwab for further proceedings.

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