Sanders v. County of Bradford et al

Filing 77

ORDER (1) The report and recommendation of Judge Blewitt regarding the Bradford County Defendants, (Doc. No. 64), is ADOPTED to the extent that it recommends the motion to dismiss be granted on immunity grounds;(2)Bradford County Defendants motion to dismiss, (Doc. No. 23), is GRANTED;(3)The Clerk is directed to TERMINATE Defendant Daniel Barrett from the action;(4) The Clerk is directed to TERMINATE Defendant The County of Bradford from the action;(5) The report and recommendation of Judge Blew itt regarding the PennDOT Defendants, (Doc. No. 66), is ADOPTED to the extent that it recommends the motion to dismiss be granted on immunity grounds and for failure to state a claim;(6)PennDOT Defendants motion to dismiss, (Doc. No. 24), is GRANTED; (7)The Clerk is directed to TERMINATE Defendant The Pennsylvania Department of Transportation from the action;(8) The Clerk is directed to TERMINATE Defendant Lizette Harner from the action;(9) The report and recommendation of Judge Blewitt regarding the Montgomery County Defendants, (Doc. No. 67), is ADOPTED to the extent that it recommends the motion to dismiss be granted on immunity grounds and for failure to state a claim with respect to the state employees and Defendant James Vanness. The c ourt declines to adopt the report and recommendation with respect to Defendant Cynthia Dunlap.(10)Montgomery County Defendants motion to dismiss, (Doc. No. 25), is GRANTED;(11)The Clerk is directed to TERMINATE Defendant Montgomery County from the ac tion;(12) The Clerk is directed to TERMINATE Defendant Officers Unknown, Montgomery County from the action;(13)The Clerk is directed to TERMINATE Defendant Risa Vetri Ferman from the action;(14) The Clerk is directed to TERMINATE Defendant Richard Ma rsh from the action;(15) The Clerk is directed to TERMINATE Defendant James H. Vanness from the action;(16)The case is REMANDED to Judge Blewitt for further pre-trial case management including dispositive motions., Risa Vetri Ferman (Montgomery Co unty District Attorney), Lizette Harner (Bureau of Motor Vehicles Customer Service Representative and others unknown), Richard Marsh (Montgomery County Detective and other officers unknown), Officers Unknown, Montgomery County, Pennsylvania Departm ent of Transportation, James H Vanness (Private Actors), Daniel Barrett (Bradford County District Attorney) and County of Bradford terminated., ORDER REFERRING CASE to Magistrate Judge Blewitt. Signed by Honorable Malachy E Mannion on 6/4/13. (bs)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF PENNSYLVANIA
CYRUS R. SANDERS,

:
:

Plaintiff

CIVIL ACTION NO. 3:11-1723
:

v.
:

(MANNION, D.J.)
(BLEWITT, M.J.)

COUNTY OF BRADFORD, et al.,
:
Defendants

:
ORDER

For the reasons set forth in the Memorandum of this date, IT IS
HEREBY ORDERED THAT:
(1)

The report and recommendation of Judge Blewitt regarding the
Bradford County Defendants, (Doc. No. 64), is ADOPTED to the
extent that it recommends the motion to dismiss be granted on
immunity grounds;

(2)

Bradford County Defendant’s motion to dismiss, (Doc. No. 23), is
GRANTED;

(3)

The Clerk is directed to TERMINATE Defendant Daniel Barrett
from the action;

(4)

The Clerk is directed to TERMINATE Defendant The County of
Bradford from the action;

(5)

The report and recommendation of Judge Blewitt regarding the
PennDOT Defendants, (Doc. No. 66), is ADOPTED to the extent

that it recommends the motion to dismiss be granted on immunity
grounds and for failure to state a claim;
(6)

PennDOT Defendant’s motion to dismiss, (Doc. No. 24), is
GRANTED;

(7)

The Clerk is directed to TERMINATE Defendant The
Pennsylvania Department of Transportation from the action;

(8)

The Clerk is directed to TERMINATE Defendant Lizette Harner
from the action;

(9)

The report and recommendation of Judge Blewitt regarding the
Montgomery County Defendants, (Doc. No. 67), is ADOPTED to
the extent that it recommends the motion to dismiss be granted
on immunity grounds and for failure to state a claim with respect
to the state employees and Defendant James Vanness. The court
declines to adopt the report and recommendation with respect to
Defendant Cynthia Dunlap.

(10) Montgomery County Defendant’s motion to dismiss, (Doc. No.
25), is GRANTED;
(11) The Clerk is directed to TERMINATE Defendant Montgomery
County from the action;
(12) The Clerk is directed to TERMINATE Defendant Officers
Unknown, Montgomery County from the action;
(13) The Clerk is directed to TERMINATE Defendant Risa Vetri

2

Ferman from the action;
(14) The Clerk is directed to TERMINATE Defendant Richard Marsh
from the action;
(15) The Clerk is directed to TERMINATE Defendant James H.
Vanness from the action;
(16) The case is REMANDED to Judge Blewitt for further pre-trial case
management including dispositive motions.

s/ Malachy E. Mannion
MALACHY E. MANNION
United States District Judge
Dated: June 4, 2013
O:\Mannion\shared\MEMORANDA - DJ\2011 MEMORANDA\11-1723-01-order.wpd