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Lucarelli v. Beltz

United States District Court, M.D. Pennsylvania

February 18, 2014

CHARLES LUCARELLI, Plaintiff,
v.
THOMAS BELTZ, et al., Defendants.

ORDER

JOHN E. JONES, III, District Judge.

AND NOW, upon consideration of the Reports and Recommendations of Chief United States Magistrate Judge Martin C. Carlson (Docs. 20 and 25), recommending that the Defendants' Motions to Dismiss (Docs. 13 and 18) be granted and that this action be dismissed without prejudice as to Defendant Thomas Beltz and with prejudice and without leave to amend as to Defendant Lori Belletieri, and, after an independent review of the record, and noting that Plaintiff filed objections[1] (Docs. 22 and 28) to the reports on January 27 and February 14, 2014 and the Court finding Judge Carlson's analysis to be thorough, well-reasoned, and fully supported by the record, and the Court further finding Plaintiff's objections to be without merit[2] and squarely addressed by Judge Carlson's report IT IS HEREBY ORDERED THAT:

1. The Reports and Recommendations of Magistrate Judge Carlson (Docs. 20 and 25) are ADOPTED in their entirety.
2. Defendants' Motions to Dismiss (Docs. 13 and 18) are GRANTED.
3. Defendant's Motion to Deem Unopposed Defendant Belletiere's Motion to Dismiss (Doc. 24) is DISMISSED as MOOT.
4. This case is DISMISSED with prejudice and without leave to amend as against Defendant Lori Belletieri. The Clerk shall TERMINATE this party.
5. This case is DISMISSED without prejudice as to Defendant Thomas Beltz. Plaintiff shall file an amended complaint setting forth his claim(s) against Defendant Beltz within twenty (20) days of the date of this Order, or this case shall be dismissed.
6. This matter is REMANDED to Magistrate Judge Carlson for all further pre-trial management.

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