Coleman v. Wetzel et al

Filing 25

ORDER ADOPTING REPORT 21 of Magistrate Judge Mehalchick, GRANTING in Part & DENYING in Part defts' MTD 16 Cts II & III of Coleman's complaint (... see Paras 2a-b for specifics), DISMISSING Counts II & III of complaint 1 w/out prejudice, GRANTING Coleman leave to amedn complaint..., & REMANDING matter to Magistrate Judge Mehalchick for further proceedings. (See order for complete details.) Signed by Chief Judge Christopher C. Conner on 2/29/16. (ki)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
DARREN DARNELL COLEMAN,
Plaintiff
v.
JOHN E. WETZEL, et al.,
Defendants

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CIVIL ACTION NO. 1:15-CV-847
(Chief Judge Conner)

ORDER
AND NOW, this 29th day of February, 2016, upon consideration of the report
(Doc. 21) of Magistrate Judge Karoline Mehalchick, recommending that the court
grant in part and deny in part the motion (Doc. 16) to dismiss filed by defendants
John E. Wetzel (“Wetzel”) and Jon D. Fisher (“Fisher”), wherein Judge Mehalchick
opines that the constitutional rights asserted by plaintiff Darren Darnell Coleman
(“Coleman”) in Counts II and III of his complaint (Doc. 1) are clearly established for
the purpose of denying qualified immunity, (see Doc. 21 at 8-12), but that Coleman
fails to sufficiently plead a claim for violation of those constitutional rights against
Wetzel and Fisher pursuant to Federal Rule of Civil Procedure 12(b)(6), (see id. at
12-17), and wherein Judge Mehalchick further recommends that the court grant
Coleman leave to amend Counts II and III of his pleading to cure the deficiencies
therein, and that the court order Coleman to identify and serve the yet-unnamed
John and Jane Doe defendants, with the admonition that failure to comply will
result in dismissal of the complaint against said defendants, (see id. at 17-19), and
the court noting that Coleman has filed objections (Doc. 22) to the report, see FED.

R. CIV. P. 72(b), wherein Coleman contests Judge Mehalchick’s application of the
Rule 12(b)(6) standard of review; requests limited discovery in aid of curing his
pleading; and notes that some of the John and Jane Doe defendants have now been
identified, and the court further noting that defendants have filed a response (Doc.
23) to Coleman’s objections, and, following a de novo review of the contested
portions of the report, see Behar v. Pa. Dep’t of Transp., 791 F. Supp. 2d 383, 389
(M.D. Pa. 2011) (citing 28 U.S.C. § 636(b)(1)(C); Sample v. Diecks, 885 F.2d 1099, 1106
n.3 (3d Cir. 1989)), and applying a clear error standard of review to the uncontested
portions, see Cruz v. Chater, 990 F. Supp. 375, 376-78 (M.D. Pa. 1999), the court
finding Judge Mehalchick’s legal analysis to be thorough, well-reasoned, and fully
supported by the record, and finding Coleman’s objections (Doc. 22) to be without
merit, and further finding Coleman’s discovery request raised therein to be both
improper in form and substantially moot in light of defense counsel’s indication that
Wetzel and Fisher have already begun to provide Coleman with the discovery he
seeks, (see Doc. 23 at 10), it is hereby ORDERED that:
1.

The report (Doc. 21) of Magistrate Judge Mehalchick is ADOPTED.

2.

Defendants’ motion (Doc. 16) to dismiss Counts II and III of Coleman’s
complaint (Doc. 1) is granted in part and denied in part as follows:
a.
b.

3.

The motion (Doc. 16) is DENIED without prejudice to the extent
it seeks dismissal on the ground of qualified immunity.
The motion (Doc. 16) is GRANTED to the extent it seeks
dismissal pursuant to Federal Rule of Civil Procedure 12(b)(6)
for failure to state a claim.

Counts II and III of Coleman’s complaint (Doc. 1) are DISMISSED
without prejudice.

2

4.

Coleman is granted leave to amend his complaint against all
defendants, and to specifically identify and serve any John and Jane
Doe defendants known to him, within thirty (30) days of the date of this
order, consistent with paragraphs 2 and 3 above, and the report (Doc.
21) of Magistrate Judge Mehalchick.

5.

This matter is REMANDED to Magistrate Judge Mehalchick for
further proceedings.

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