Smithson v. Federico et al

Filing 49

AMENDED ORDER (memorandum filed previously as separate docket entry) - Case caption amended. Signed by Honorable Yvette Kane on 5/26/15. (sc)

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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA CHRISTIAN M. SMITHSON, Plaintiff v. GAYLE FEDERICO, et al., Defendants : : : : : : : : No. 1:14-cv-2073 (Judge Kane) (Magistrate Judge Carlson) ORDER AND NOW, on this 26th day of May 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

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