Mitchell v. Turgeon et al

Filing 12

ORDER - IT IS HEREBY ORDERED THAT MJ Blewitt's REPORT AND RECOMMENDATION is ADOPTED as follows: 1)Pltfs 4th Amdment and 14th Amdment claims against Dfts Turgeon and Hogentogler are DISMISSED with Prejudice. 2)Pltf's requests for an injuncti on and declaratory relief are DISMISSED WITH PREJUDICE. 3)Pltf's mtn for preferential trial setting is DENIED AS MOOT. 4)Pltf's mtn for leave to proc IFP is GRANTED. 5)The Clerk of Court is directed to CLOSE the case. 4 8 2 Signed by Chief Judge Yvette Kane on Feb. 21, 2012. See order. (sc)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
VICTOR LLOYD MITCHELL,
Plaintiff
v.
JEANNINE TURGEON and
JOEL RICHARD HOGENTOGLER,
Defendants

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Civil Action No. 1:12:-cv-00028
(Chief Judge Kane)

ORDER
THE BACKGROUND OF THIS ORDER IS AS FOLLOWS:
Presently pending before the Court is Magistrate Judge Blewitt’s Report and
Recommendation (Doc. No. 8), recommending that Plaintiff’s Fourth Amendment and
Fourteenth Amendment claims against Defendants Turgeon and Hogentogler be dismissed with
prejudice on the basis of absolute immunity or, in the alternative, that these claims be dismissed
without prejudice. Judge Blewitt also recommended that Plaintiff’s requests for an injunction
and declaratory relief be dismissed with prejudice, that his motion for a preferential trial setting
(Doc. No. 4) be denied as moot, and that his motion for leave to proceed in forma pauperis (Doc.
No. 2) be granted solely for the purpose of filing this action. No timely objections have been
filed.
ACCORDINGLY, on this 21st day of February 2012, upon review of the record and the
applicable law, IT IS HEREBY ORDERED THAT Magistrate Judge Blewitt’s Report and
Recommendation (Doc. No. 7) is adopted as follows:
1.

Plaintiff’s Fourth Amendment and Fourteenth Amendment claims against Defendants
Turgeon and Hogentogler are DISMISSED WITH PREJUDICE;

2.

Plaintiff’s requests for an injunction and declaratory relief are DISMISSED WITH
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PREJUDICE;
3.

Plaintiff’s motion for a preferential trial setting (Doc. No. 4) is DENIED AS MOOT;

4.

Plaintiff’s motion for leave to proceed in forma pauperis (Doc. No. 2) is GRANTED
solely for the purpose of filing this action; and

5.

The Clerk of Court is directed to close the case.

S/ Yvette Kane
Yvette Kane, Chief Judge
United States District Court
Middle District of Pennsylvania

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