Smithson v. Burnham et al

Filing 29

ORDER (memorandum filed previously as separate docket entry) - IT IS HEREBY ORDERED THAT: 1. MJ Blewitts R&R is ADOPTED; 2. Plfs objections are OVERRULED; 3. The Clerk of Court is directed to consolidate the case docketed as 1:14-cv-1867 into the cas e docketed as 1:14-cv-1866, and to close the case docketed as 1:14-cv-1867; 4. Defts motions to dismiss are GRANTED AS FOLLOWS: a. Pltfs claims against the Pa State Police and for money damages under the Pennsylvania Constitution are DISMISSED WITH PREJUDICE; b. The remainder of Pltfs claims are DISMISSED WITHOUT PREJUDICE; 5. Pltfs motions for summary judgment are DENIED; 6. Pltfs motions requesting that the Court hold a hearing are DENIED; 7. Pltfs motions to remove mistitled earlier motions requesting habeas relief are DENIED AS MOOT; 8. Defts motions to stay sumjgm are DENIED AS MOOT; 9. Pltfs motions to remove Deft York County Public Defenders Office are DENIED AS MOOT; 10. Pltfs motion to exceed page limitation is DENIED AS MOOT; and, 11. The Clerk of Court is also directed to close the consolidated case docketed at Civil Action No. 1:14-cv-1866. 11 27 22 16 26 19 2 13 Signed by Honorable Yvette Kane on 4/7/15. (sc)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
CHRISTIAN M. SMITHSON,
Plaintiff
v.
MARIAH BRITTANY RIZZO, et al.,
Defendants

:
:
:
:
:
:
:

No. 1:14-cv-1866

(Judge Kane)

--------------------------------------------------------------------------------------------------------------------CHRISTIAN M. SMITHSON,
Plaintiff
v.
TROOPER BURNHAM, et al.,
Defendants

:
:
:
:
:
:
:

No. 1:14-cv-1867

(Judge Kane)

ORDER
AND NOW, on this 7th day of April 2015, IT IS HEREBY ORDERED THAT:
1.

Magistrate Judge Blewitt’s Report and Recommendation (No. 14-1866,
Doc. No. 21; No. 14-1867, Doc. No. 19) is ADOPTED;

2.

Plaintiff’s objections (No. 14-1866, Doc. No. 24) are OVERRULED;

3.

The Clerk of Court is directed to consolidate the case docketed as Civil
Action No. 1:14-cv-1867 into the case docketed as Civil Action No.
1:14-cv-1866, and to close the case docketed as Civil Action No.
1:14-cv-1867;

4.

Defendants’ motions to dismiss (No. 14-1866, Doc. No. 2; No. 14-1867,
Doc. No. 2) are GRANTED AS FOLLOWS:
a.

Plaintiff’s claims against the Pennsylvania State Police and for
money damages under the Pennsylvania Constitution are
DISMISSED WITH PREJUDICE;

b.

The remainder of Plaintiff’s claims are DISMISSED WITHOUT
1

PREJUDICE;
5.

Plaintiff’s motions for summary judgment (No. 14-1866, Doc. No. 13; No.
14-1867, Doc. No. 11) are DENIED;

6.

Plaintiff’s motions requesting that the Court hold a hearing (No. 14-1866,
Doc. No. 30; No. 14-1867, Doc. Nos. 22, 27) are DENIED;

7.

Plaintiff’s motions to remove mistitled earlier motions requesting habeas
relief (No. 14-1866, Doc. No. 29; No. 14-1867, Doc. No. 26) are
DENIED AS MOOT;

8.

Defendants’ motions to stay summary judgment (No. 14-1866, Doc. Nos.
15, 18; No. 14-1867, Doc. Nos. 13, 16) are DENIED AS MOOT;

9.

Plaintiff’s motions to remove Defendant York County Public Defender’s
Office (No. 14-1866, Doc. Nos. 25, 28; No. 14-1867, Doc. No. 22) are
DENIED AS MOOT;

10.

Plaintiff’s motion to exceed page limitation (No. 14-1866, Doc. No. 23) is
DENIED AS MOOT; and,

11.

The Clerk of Court is also directed to close the consolidated case docketed
at Civil Action No. 1:14-cv-1866.

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

2