Anderson v. Dauphin County Adult Probation Office et al

Filing 50

ORDER - IT IS HEREBY ORDERED THAT the Court adopts the R&R (Doc. No. 48) of MJ Saporito: 1) The motion to dismiss by Deft Dauphin County Adult Probation Office (Doc. 12) is GRANTED. All claims against Defendant Dauphin County Adult Probation Office are DISMISSED WITH PREJUDICE. 2) The motion to dismiss by Defendant Police Officer Jon Fustine (Doc. 27) is GRANTED. 3) The motion for judgment on the pleadings by Defendants Police Officer Dan Smeck and the Lower Paxton Police Department (Doc. 45) is GRANTED. 5) Plaintiff is GRANTED leave to file an amended complaint within thirty (30) days following partial dismissal of the original complaint; and 6) The matter is REFERRED back to the Magistrate Judge for further proceedings. 1 26 27 45 48 12 Signed by Honorable Yvette Kane on 2/26/16. SEE ORDER FOR ADDITIONAL DETAILS. (sc)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA

WARREN D. ANDERSON
Plaintiff
v.
DAUPHIN COUNTY ADULT
PROBATION OFFICE, et al.
Defendants

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CIVIL ACTION NO. 1:15-cv-878

(JUDGE KANE)
(Magistrate Judge Saporito)

ORDER
Before the Court in the captioned action is a January 25, 2016 Report and
Recommendation of the Magistrate Judge. No timely objections have been filed.
ACCORDINGLY, this 26th day of February 2016, upon review of the record and the
applicable law and, IT IS HEREBY ORDERED THAT the Court adopts the Report and
Recommendation (Doc. No. 48) of Magistrate Judge Saporito:
1) The motion to dismiss by Defendant Dauphin County Adult Probation Office
(Doc. 12) is GRANTED. All claims against Defendant Dauphin County Adult Probation
Office are DISMISSED WITH PREJUDICE for failure to state a claim under Fed. R. Civ.
P. 12(b)(6);
2) The motion to dismiss by Defendant Police Officer Jon Fustine (Doc. 27) is
GRANTED. All claims against Defendant Fustine are DISMISSED for failure to state a
claim under Fed. R. Civ. P. 12(b)(6);
3) The motion for judgment on the pleadings by Defendants Police Officer Dan
Smeck and the Lower Paxton Police Department (Doc. 45) is GRANTED. All claims
against Defendants Smeck and the Lower Paxton Police Department are DISMISSED

for failure to state a claim under Fed. R. Civ. P. 12(c);
4) The motion to dismiss by Defendants Dauphin County Sheriff’s Department,
Deputy Sheriff Sean Reed, Deputy Sheriff McMillian, Probation Officer Brandon Reigle,
Probation Officer Tom Walton and Probation Officer Burnell (Doc. 26) is GRANTED in
part and DENIED in part, and:
a. all claims against the Dauphin County Sheriff’s Department, Reed,
McMillian, Reigle, and Burnell are DISMISSED for failure to state a claim under Fed. R.
Civ. P. 12(b)(6);
b. the plaintiff’s Eighth Amendment excessive force, Fourth Amendment
unreasonable search, and state law claims against Walton are DISMISSED for failure to
state a claim under Fed. R. Civ. P. 12(b)(6); and
c. the plaintiff’s Fourth Amendment excessive force claim against Walton
is permitted to proceed;
5) Plaintiff is GRANTED leave to file an amended complaint within thirty (30)
days following partial dismissal of the original complaint; and
6) The matter is REFERRED back to the Magistrate Judge for further
proceedings.
7) The Clerk of Court is hereby directed to terminate Defendant Dauphin
County Adult Probation Office from the above captioned case.

s/ Yvette Kane
YVETTE KANE, District Judge
United States District Court
Middle District of Pennsylvania