Hammond et al v. City of Wilkes-Barre et al

Filing 67

ORDER - adopting in part and rejecting in part - 61 Report and Recommendations. (1) Count 1 will be Dismissed w/prejudice; (2) Pltfs claim for substantive due process under the 14th Amendment will be DISMISSED W/PREJUDICE; (3) Pltf's claim fo r due process under the 5th Amendment will be DISMISSED WITH PREJUDICE; (4) Pltf's official capacity claims against the individual defts Leighton, Vinsko, and Glodzik are DISMISSED WITH PREJUDICE. Signed by Honorable A. Richard Caputo on 8/14/2012 (rm, )

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
TYLER HAMMOND and ANTONIA
HAMMOND,
CIVIL ACTION NO. 3:09-cv-2310
Plaintiffs,
(JUDGE CAPUTO)

v.

(MAGISTRATE JUDGE METHVIN)

CITY OF WILKES-BARRE, et al.,
Defendants.

ORDER
NOW this 14th day of August, 2012, after consideration of Magistrate Judge Mildred
E. Methvin’s Report and Recommendation in this matter (Doc. 61),

IT IS HEREBY

ORDERED THAT the Report and Recommendation will be ADOPTED IN PART AND
REJECTED IN PART as follows:
1.

Count I will be DISMISSED WITH PREJUDICE;

2.

Plaintiffs’ claim for substantive due process under the Fourteenth
Amendment will be DISMISSED WITH PREJUDICE;

3.

Plaintiffs’ claim for due process under the Fifth Amendment will be
DISMISSED WITH PREJUDICE; and

4.

Plaintiffs’ official capacity claims against the individual defendants
Leighton, Vinsko, and Glodzik are DISMISSED WITH PREJUDICE.

/s/ A. Richard Caputo
A. Richard Caputo
United States District Judge