Civil Action No. 1:16-CV-2067.


United States District Court, M.D. Pennsylvania.

Editors Note
Applicable Law: 28 U.S.C. § 451
Cause: 28 U.S.C. § 451 Employment Discrimination
Nature of Suit: 440 Civil Rights: Other
Source: PACER

Attorney(s) appearing for the Case

Galen Gillis, Plaintiff, Pro Se.

Harrisburg Education Association, Defendant, represented by Thomas W. Scott , Killian & Gephart, LLP.

Pennsylvania State Education Association, Defendant, represented by Thomas W. Scott , Killian & Gephart, LLP.



AND NOW, this 10th day of February, 2017, upon consideration of the report (Doc. 10) of Magistrate Judge Martin C. Carlson, recommending the court grant defendants' motion (Doc. 7) to dismiss the above-captioned action, wherein Judge Carlson identifies manifold deficiencies in the pro se plaintiff's civil rights complaint (Doc. 1), and the court noting that plaintiff filed an objection (Doc. 13) to the report, see FED. R. CIV. P. 72(b)(2), and defendants filed a response (Doc. 14) thereto, and, following a de novo review of the contested portions of the report, see Behar v. Pa. Dep't of Transp., 791 F.Supp.2d 383, 389 (M.D. Pa. 2011) (citing 28 U.S.C. § 636(b)(1)(C); Sample v. Diecks, 885 F.2d 1099, 1106 n.3 (3d Cir. 1989)), and applying a clear error standard of review to the uncontested portions, see Cruz v. Chater, 990 F.Supp. 375, 376-78 (M.D. Pa. 1999), the court finding Judge Carlson's analysis to be thorough, well-reasoned, and fully supported by the record, and finding plaintiff's objection (Doc. 13) to be without merit and squarely addressed by the report, it is hereby ORDERED that:

1. The report (Doc. 10) of Magistrate Judge Carlson is ADOPTED. 2. Defendants' motion (Doc. 7) to dismiss is GRANTED. 3. Plaintiff's complaint (Doc. 1) is DISMISSED without prejudice. 4. Plaintiff is granted leave to file an amended complaint within thirty (30) days of the date of this order, consistent with the report (Doc. 10) of Magistrate Judge Carlson. 5. Any amended pleading filed pursuant to paragraph 4 shall be filed to the same docket number as the instant action, shall be entitled "First Amended Complaint," and shall be complete in all respects. It shall be a new pleading which stands by itself as an adequate complaint under the Federal Rules of Civil Procedure, without reference to the pleading (Doc. 1) hereinabove dismissed. 6. In the absence of a timely-filed first amended complaint, the Clerk of Court shall CLOSE this case.


1000 Characters Remaining reserves the right to edit or remove comments but is under no obligation to do so, or to explain individual moderation decisions.

User Comments

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases