Kelly v. Merrell et al

Filing 70

ORDER dismissing Judge Kurtz's motion 44 as MOOT. (See order for complete details.) Signed by Chief Judge Christopher C. Conner on 9/27/16. (ki)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
ALLEN KELLY,
Plaintiff
v.
J.T. MERRELL, et al.,
Defendants

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CIVIL ACTION NO. 1:14-CV-2322
(Chief Judge Conner)

ORDER
AND NOW, this 27th day of September, 2016, upon consideration of the
court’s order (Doc. 32) dated September 8, 2015, wherein the court adopted the
report (Doc. 26) and recommendations of Chief Magistrate Judge Martin C. Carlson,
dismissing plaintiff’s claims with prejudice against, inter alia, Huntingdon County
Court of Common Pleas Judge Stewart L. Kurtz (“Judge Kurtz”), pursuant to 28
U.S.C. § 1915(e)(2)(B)(ii), but it appearing that, on January 19, 2016, waiver of
service forms were inadvertently mailed to Judge Kurtz despite his dismissal
with prejudice, (see Doc. 42-1 at 1-6), and that Judge Kurtz, through counsel,
protectively filed a motion (Doc. 44) to dismiss pursuant to Rules 12(b)(1) and
12(b)(6) of the Federal Rules of Civil Procedure on February 11, 2016, and the court
concluding that the arguments and defenses raised in Judge Kurtz’s motion are

moot in light of the prejudicial dismissal of all claims thereagainst, (Doc. 32), it is
hereby ORDERED that Judge Kurtz’s motion (Doc. 44) is DISMISSED as moot.

/S/ CHRISTOPHER C. CONNER
Christopher C. Conner, Chief Judge
United States District Court
Middle District of Pennsylvania