Tovar v. Watkins et al

Filing 52

ORDER ADOPTING REPORT AND RECOMMENDATIONS - AND NOW, this 2nd day of March, 2010, upon con. of the R&R of the mag. judge 48 , filed 1/5/10, to which no objs. were filed, & upon independent review of the record, it is ordered that: 1. The mag. judge& #039;s report is adopted. 2. Plf. William Baldwin's mtn. to dismiss 24 is granted & the claims against him are dism'd. 3. Plf. Frederick Fanelli's mtn. to dismiss 31 is granted & the claims against him are dism'd. 4. Plf. Jeff rey Markosky's mtn. to dismiss 34 is granted & the claims against him are dism'd. 5. The Schuylkill Cty. defts.' mtn. to dismiss 38 is granted & the claims against the Schuylkill Cty. D.A.'s Office, the Schuylkill Cty. Sheriff 's Office, the Schuylkill Cty. Public Defender's Office, the Schuylkill Cty. Clerk of Courts, Anthony Carroll, Dennis Clark, Gene Berdanier, David Wapinsky, Michael Flannery, Kent Watkins & James Goodman are dism'd. 6. Plf. Brandon Pie karsky's mtn. to dismiss 42 is granted & the claims against him are dism'd. 7. Tammy Piekarsky is dism'd from the action for the reasons stated in the mag. judge's report. 8. The Clerk of Crt. shall close this file. Signed by Honorable William W. Caldwell on 3/2/10. (am, )

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA DIEGO TOVAR, Plaintiff vs. KENT WATKINS, et al., Defendants : : : : : : CIVIL NO. 1:CV-09-1169

ORDER AND NOW, this 2nd day of March, 2010, upon consideration of the report and recommendation of the magistrate judge (doc. 48), filed January 5, 2009, to which no objections were filed, and upon independent review of the record, it is ordered that: 1. The magistrate judge's report is adopted. 2. Plaintiff William Baldwin's motion to dismiss (doc. 24) is granted and the claims against him are dismissed. 3. Plaintiff Frederick Fanelli's motion to dismiss (doc. 31) is granted and the claims against him are dismissed. 4. Plaintiff Jeffrey Markosky's motion to dismiss (doc. 34) is granted and the claims against him are dismissed. 5. The Schuylkill County Defendant's motion to dismiss (doc. 38) is granted and the claims against the Schuylkill County District Attorney's Office, the Schuylkill County Sheriff's Office, the Schuylkill County Public Defender's Office, the Schuylkill County Clerk of Courts, Anthony Carroll, Dennis Clark, Gene Berdanier, David Wapinsky, Michael Flannery, Kent Watkins and James Goodman are dismissed. 6. Plaintiff Brandon Piekarsky's motion to dismiss (doc. 42) is granted and the claims against him are dismissed.

7. Tammy Piekarsky is dismissed from the action for the reasons stated in the magistrate judge's report. 8. The Clerk of Court shall close this file.

/s/William W. Caldwell William W. Caldwell United States District Judge

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