Burrell v. Ross et al

Filing 6

ORDER Amended complaint due 7/19/13; REFERRING CASE to Magistrate Judge Thomas M. Blewitt;, Thomas M. Blewitt added. Thomas J. Munley (in his official capacity), Patricia "Trish" Corbett (in her official and individual capacity) and Chester T. Harhut (in his official capacity) terminated.See order for full details.Signed by Honorable Malachy E Mannion on 6/18/13. (bs)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF PENNSYLVANIA
WILLIAM L. BURRELL, JR.,

:

Plaintiff,

:

v.

CIVIL ACTION NO. 3:12-2504

:
(JUDGE MANNION)

DANIELLE ROSS, ET AL.,
Defendants

:
:
ORDER

IT IS HEREBY ORDERED THAT:
1.

Plaintiff’s claims for monetary damages against Judge Corbett,
Judge Harhut, and Judge Munley are DISMISSED WITH
PREJUDICE because they are entitled to judicial immunity.

2.

Plaintiff’s claims for declaratory and injunctive relief against Judge
Corbett, Judge Harhut, and Judge Munley are DISMISSED WITH
PREJUDICE for failure to state a claim on which relief can be
granted.

3.

The court will GRANT plaintiff, one opportunity to AMEND his
complaint with respect to the issue of quasi-judicial immunity,
municipal liability, equal protection, and the state law claims, as
noted.

4.

Plaintiff shall have until July 19, 2013 to file a type written
amended complaint: A.) Lackawanna County engaged in an

unlawful policy or custom; B.) Ms. Ross acted outside the scope
of her court-appointed responsibilities; C.) plaintiff was part of a
protected class and the government treated people outside the
class differently than plaintiff or defendants intentionally treated
plaintiff differently from other similarly situated individuals without
a rational basis for doing so; and, D.) identifying the particular
state law that defendants violated in the appointment of Ms. Ross
as a guardian ad litem.
5.

Plaintiff’s amended complaint shall be complete, in and of itself,
without reference to any other documents;

6.

It must include appropriate allegations of their personal
involvement;

7.

It must specifically state which constitutional right he alleges they
have violated and which allegations indicate a violation;

8.

In accordance with Fed.R.Civ.P. 8(e), each averment of plaintiff’s
amended complaint shall be short, concise and direct;

9.

Should plaintiff fail to file his amended complaint within the
required time period, or fail to follow the above mentioned
procedure, the court will dismiss this action.

10.

This case is referred to Magistrate Judge Blewitt for pretrial

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management including dispositive motions.

s/ Malachy E. Mannion
MALACHY E. MANNION
United States District Judge
DATE: June 18, 2013
O:\Mannion\shared\MEMORANDA - DJ\2012 MEMORANDA\12-2504-01-ORDER.wpd

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