Santiago v. Saul et al

Filing 36

ORDER ADOPTING REPORT AND RECOMMENDATION of Magistrate Judge Blewitt 33 , GRANTING defts' motion to dismiss 19 with re: all constitutional claims raised against defts Saul & Lebanon County, DISMISSING pltf's amended complaint 12 with prejudice, DISMISSING pltf's remaining motions 30 & 35 as MOOT, directing Clrk of Ct to CLOSE case, & directing that any appeal from this order is DEEMED frivolous & not in good faith. (See order for complete details.) Signed by Honorable Christopher C. Conner on 8/14/13. (ki)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA

DIMAS SANTIAGO,
Plaintiff
v.
ADAM SAUL, et al.,
Defendants

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CIVIL ACTION NO. 1:12-CV-2007
(Judge Conner)

ORDER
AND NOW, this 14th day of August, 2013, upon consideration of the Report and
Recommendation of United States Magistrate Judge Thomas M. Blewitt (Doc. 33),
recommending that defendants’ motion to dismiss (Doc. 19) be granted with respect to
all constitutional claims raised against Defendants Saul and Lebanon County in
plaintiff’s amended complaint (Doc. 12) and that plaintiff’s amended complaint be
dismissed with prejudice, and, following an independent review of the record, and noting
that plaintiff filed objections1 to the report (Doc. 34) on May 16, 2013, and the court
finding Magistrate Judge Blewitt’s analysis to be thorough and well-reasoned, and the
court finding the objections to be without merit and squarely addressed by Magistrate
Judge Blewitt’s report (Doc. 33), it is hereby ORDERED that:

1

Where objections to a magistrate judge’s report and recommendation are
filed, the court must perform a de novo review of the contested portions of the
report. Supinski v. United Parcel Serv., Civ. A. No. 06-0793, 2009 WL 113796, at *3
(M.D. Pa. Jan. 16, 2009) (citing Sample v. Diecks, 885 F.2d 1099, 1106 n. 3 (3d Cir.
1989); 28 U.S.C. § 636(b)(1)(c)). “In this regard, Local Rule of Court 72.3 requires
‘written objections which . . . specifically identify the portions of the proposed
findings, recommendations or report to which objection is made and the basis for
those objections.’” Id. (citing Shields v. Astrue, Civ. A. No. 07-417, 2008 WL
4186951, at *6 (M.D. Pa. Sept. 8, 2008)).

1.

The Report and Recommendation of Magistrate Judge Blewitt (Doc. 33) are
ADOPTED.

2.

Defendants’ motion to dismiss (Doc. 19) is GRANTED with respect to all
constitutional claims raised against Defendants Saul and Lebanon County.

3.

Plaintiff’s amended complaint (Doc. 12) is DISMISSED with prejudice.

4.

Plaintiff’s remaining motions (Docs. 30, 35)) are DISMISSED as moot.

5.

The Clerk of Court is directed to CLOSE this case.

6.

Any appeal from this order is DEEMED frivolous and not in good faith. See
28 U.S.C. § 1915(a)(3).

S/ Christopher C. Conner
CHRISTOPHER C. CONNER
United States District Judge