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Mulcher v. Greenwald

United States District Court, M.D. Pennsylvania

February 12, 2015

TIMOTHY MULCHER Plaintiff,
v.
STEVEN GREENWALD, ET AL., Defendant.

ORDER

WILLIAM J. NEALON, Sr., District Judge.

NOW, THIS 12TH DAY OF FEBRUARY, 2015, for the reasons set forth in the Memorandum issued this date, IT IS HEREBY ORDERED THAT:

1. The rationale of the Report and Recommendation, (Doc. 8), is ADOPTED, but the conclusion of the Report and Recommendation to dismiss Plaintiff's complaint and amended complaint without prejudice is NOT ADOPTED;
2. The Complaint, (Doc. 1), and the Amended Complaint, (Doc. 6), are DISMISSED with prejudice as leave to amend would be futile;
3. Plaintiff's motion for leave to proceed in forma pauperis, (Doc. 2), is GRANTEDfor the sole purpose of filing this action;
4. The Clerk of Court is directed to CLOSE this case; and
5. Any appeal will be deemed frivolous, lacking merit, and not taken in good faith.

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