Ford v. City of Harrisburg, PA et al

Filing 55

ORDER (memorandum filed previously as separate docket entry)- IT IS ORDERED THAT: 1. The Court ADOPTS in part the Report and Recommendation (Doc. No. 41) ofMagistrate Judge Carlson insofar as it recommends that this Court dismiss counts4 and 5 of Pla intiffs amended complaint; 2. Defendants Motion to Dismiss (Doc. No. 28) is GRANTED with respect to counts 1, 2, 4, and 5 of Plaintiffs amended complaint, and those counts are DISMISSED WITH PREJUDICE; 3. Plaintiffs pendent state law claims (counts 3, 6 and 7) are DISMISSED WITHOUT PREJUDICE pursuant to 28 U.S.C. § 1367(c)(3); and 4. The Clerk of Court is directed to CLOSE this case. Signed by Honorable Yvette Kane on 9/16/2019. (ve)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
ROBERT D. FORD,
Plaintiff
v.
CITY OF HARRISBURG, et al.,
Defendants

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No. 1:17-cv-00908
(Judge Kane)
(Magistrate Judge Carlson)

ORDER
AND NOW, on this 16th day of September 2019, in accordance with the Memorandum
issued concurrently with this Order, and upon independent review of the record and the
applicable law, IT IS ORDERED THAT:
1.

The Court ADOPTS in part the Report and Recommendation (Doc. No. 41) of
Magistrate Judge Carlson insofar as it recommends that this Court dismiss counts
4 and 5 of Plaintiff’s amended complaint;

2.

Defendants’ Motion to Dismiss (Doc. No. 28) is GRANTED with respect to
counts 1, 2, 4, and 5 of Plaintiff’s amended complaint, and those counts are
DISMISSED WITH PREJUDICE;

3.

Plaintiff’s pendent state law claims (counts 3, 6 and 7) are DISMISSED
WITHOUT PREJUDICE pursuant to 28 U.S.C. § 1367(c)(3); and

4.

The Clerk of Court is directed to CLOSE this case.

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