Smithson v. Federico et al

Filing 40

ORDER (memorandum filed previously as separate docket entry) - IT IS HEREBY ORDERED THAT: 1. MJ Carlsons R&R (Doc. Nos. 27,28) are ADOPTED; 2. Plaintiffs objections (Doc. Nos. 29, 30) are OVERRULED; 3. Cts I and II of Plaintiffs complaint, seeking mo netary damages under the Pennsylvania Constitution, are DISMISSED WITH PREJUDICE; 4. Plaintiffs motion for preliminary injunctive relief (Doc. No. 4) is DENIED; and, 5. The case is referred back to MJ Saporito for pre-trial mgmt, including resolution of any pending motions or, if necessary, an R&R on same. 4 27 28 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

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No. 1:14-cv-2073
(Judge Kane)
(Magistrate Judge Carlson)

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

Magistrate Judge Carlson’s Report and Recommendations (Doc. Nos. 27,
28) are ADOPTED;

2.

Plaintiff’s objections (Doc. Nos. 29, 30) are OVERRULED;

3.

Counts I and II of Plaintiff’s complaint, seeking monetary damages under
the Pennsylvania Constitution, are DISMISSED WITH PREJUDICE;

4.

Plaintiff’s motion for preliminary injunctive relief (Doc. No. 4) is
DENIED; and,

5.

The case is referred back to Magistrate Judge Saporito for pre-trial
management, including resolution of any pending motions or, if necessary,
a Report and Recommendation on same.
S/ Yvette Kane
Yvette Kane, District Judge
United States District Court
Middle District of Pennsylvania