Walters v. Pennsylvania State Police et al
Filing
60
ORDER ADOPTING REPORT 57 of Magistrate Judge Schwab, GRANTING defts' MSJ 43 , ENTERING JUDGMENT in favor of defts Jeremy Baluh & Jared Hahn & against Jeffrey Ray Walters, & directing Clrk of Ct to CLOSE case. (See order & jdgmt for complete details.) Signed by Chief Judge Christopher C. Conner on 2/19/16. (ki)
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
JEFFREY RAY WALTERS,
Plaintiff
v.
PENNSYLVANIA STATE POLICE,
et al.,
Defendants
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CIVIL ACTION NO. 1:13-CV-2275
(Chief Judge Conner)
ORDER AND JUDGMENT
AND NOW, this 19th day of February, 2016, upon consideration of the report
(Doc. 57) of Magistrate Judge Susan E. Schwab, recommending that the court grant
the motion (Doc. 43) for summary judgment filed by remaining defendants Jeremy
Baluh and Jared Hahn (“defendants”) pursuant to Federal Rule of Civil Procedure
56, see FED. R. CIV. P. 56(a), wherein Judge Schwab opines that plaintiff Jeffrey Ray
Walters (“Walters”) has failed to demonstrate genuine disputes of material fact in
response to defendants’ motion, and that the undisputed Rule 56 record does not
support Walters’ claims of excessive force, false imprisonment, and false arrest, (see
id.), and the court noting that Walters has filed objections (Doc. 58) to the report,
see FED. R. CIV. P. 72(b)(2), wherein Walters attempts to relitigate claims dismissed
by the court at the Rule 12(b)(6) stage and challenges Judge Schwab’s application of
the Local Rules of Court and Federal Rules of Civil Procedure, and that defendants
have responded (Doc. 59) 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 Schwab’s analysis to be thorough, well-reasoned, and fully supported
by the record, and finding Walters’ objections (Doc. 58) to be entirely without merit,
it is hereby ORDERED that:
1.
The report (Doc. 57) of Magistrate Judge Schwab is ADOPTED.
2.
Defendants’ motion (Doc. 43) for summary judgment is GRANTED.
3.
Judgment is ENTERED in favor of defendants Jeremy Baluh and
Jared Hahn and against plaintiff Jeffrey Ray Walters.
4.
The Clerk of Court is directed to CLOSE this case.
/S/ CHRISTOPHER C. CONNER
Christopher C. Conner, Chief Judge
United States District Court
Middle District of Pennsylvania
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