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Riley v. Grainey

United States District Court, M.D. Pennsylvania

January 15, 2014

NATHAN RILEY, Plaintiff,
v.
DAVID GRAINEY, et al., Defendants.

ORDER

A. RICHARD CAPUTO, District Judge.

NOW, this 15th day of January, 2014, upon review of the Report and Recommendation of Magistrate Judge Mehalchick (Doc. 25) for plain error or manifest injustice, IT IS HEREBY ORDERED that:

(1) The Report & Recommendation (Doc. 25) is ADOPTED.
(2) The Motion of Defendants Balesterieri, Capozza, Folino, Grainey, Palya, Smith and Varner to Dismiss the Compliant (Doc. 14) is GRANTED. The claims against Defendants Maria Balestrieri, Mark Cappoza, Louis S. Folino, David Grainey, Paul Payla, Michael Smith and Dorina Varner are DISMISSED with prejudice.
(3) Plaintiff may file an amended complaint setting forth his claim under the Americans with Disabilities Act against Defendants Palya, Balestrieri, Polino and Varner in their official capacities within twenty (20) days of the date of entry of this order.
(4)) The Motion of Defendant Jin to Dismiss the Complaint (Doc. 17) is GRANTED. The claims against Defendant Dr. Byunghak Jin are DISMISSED with prejudice.
((6) The matter is RECOMMITTED to Magistrate Judge Mehalchick for further proceedings.

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