Marin v. Schmider

Filing 58

ORDER (memorandum filed previously as separate docket entry) - IT IS HEREBY ORDERED THAT: 1. MJ Schwabs R&R (Doc. No. 47) is ADOPTED; 2. Pltfs objections (Doc. No. 54) are OVERRULED; 3. Defts objections (Doc. Nos. 49, 50) are OVERRULED; 4. Defts motion to dismiss (Doc. No. 15) is GRANTED IN PARTAND DENIED IN PART. This case is referred back to MJ Schwab for further pre-trial mgmt. 29 50 49 47 15 54 Signed by Honorable Yvette Kane on 9/30/15. (sc)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
MEL M. MARIN,
Plaintiff

:
:
:
:
:
:
:

v.
JOE SCHMIDER,
Defendant

No. 1:14-cv-01523
(Judge Kane)
(Magistrate Judge Schwab)

ORDER
AND NOW, on this 30th day of September 2015, IT IS HEREBY ORDERED THAT:
1.

Magistrate Judge Schwab’s Report and Recommendation (Doc. No. 47) is
ADOPTED;

2.

Plaintiff’s objections (Doc. No. 54) are OVERRULED;

3.

Defendant’s objections (Doc. Nos. 49, 50) are OVERRULED;

4.

Defendant’s motion to dismiss (Doc. No. 15) is GRANTED IN PART
AND DENIED IN PART as follows:
a.

b.
c.
d.

Plaintiff’s procedural due process claim premised upon an
asserted property interest in an EMT license is
DISMISSED WITH PREJUDICE;
Plaintiff’s “tortious interference with career” claim is
DISMISSED WITH PREJUDICE;
Plaintiff’s procedural due process claim based on a liberty
interest is DISMISSED WITHOUT PREJUDICE; and
In all other respects, the motion is DENIED;

5.

Plaintiff’s request (Doc. 29-1 at 10) to have Defendant’s motion to dismiss
(Doc. No. 15) construed as one for summary judgment and denied as
premature is DENIED; and

6.

The above-captioned action is referred back to Magistrate Judge Schwab
for further pre-trial management.

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