Gibson v. Steelton Police Dept. et al

Filing 17

ORDER - IT IS HEREBY ORDERED that MJ Blewitt's R&R is ADOPTED. Pltf's municipal liability claim against Dft Borough of Steelton is DISMISSED WITH PREJUDICE, and the Clerk of Court is directed to TERMINATE Dft Borough of Steelton from this a ction. In acc with the Court's 8/27/12 order, Pltf's 14th Amendment failure to protect claims against Dfts Arthur G. Etnoyer and David Crawford is ALLOWED TO PROCEED; and all further proceedings in this action are referred to MJ Blewitt. 16 Signed by Chief Judge Yvette Kane on Oct. 16, 2012. (sc)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
DARYL T’WAIN GIBSON, SR.,
Plaintiff
v.
STEELTON POLICE DEPT., et al.,
Defendants

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Civil Action No. 1:12-cv-01328
(Chief Judge Kane)
(Magistrate Judge Blewitt)

ORDER
THE BACKGROUND OF THIS ORDER IS AS FOLLOWS:
On September 27, 2012, Magistrate Judge Blewitt issued a Report and Recommendation,
wherein he recommends that Plaintiff’s municipal liability claim against Defendant Borough of
Steelton be dismissed with prejudice pursuant to the screening requirements of the Prison
Litigation Reform Act, 28 U.S.C. § 1915(e). (Doc. No. 16.) Magistrate Judge Blewitt found that
Plaintiff, despite being granted leave to file an amended complaint, failed to allege any facts in
support of a municipal liability claim in his amended complaint. (Id. at 7-9.) No timely
objections have been filed.
ACCORDINGLY, on this 16th day of October 2012, upon review of the record and the
applicable law, IT IS HEREBY ORDERED THAT:
1.

Magistrate Judge Blewitt’s Report and Recommendation (Doc. No. 16) is
ADOPTED;

2.

Plaintiff’s municipal liability claim against Defendant Borough of Steelton is
DISMISSED WITH PREJUDICE, and the Clerk of Court is directed to
TERMINATE Defendant Borough of Steelton from this action;

3.

In accordance with the Court’s August 27, 2012 order, Plaintiff’s Fourteenth
Amendment failure-to-protect claim against Defendants Arthur G. Etnoyer and
David Crawford is ALLOWED TO PROCEED; and

4.

All further proceedings in this action are referred to Magistrate Judge Blewitt.

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