Rieco v. Bronsburg et al
Filing
86
MEMORANDUM (Order to follow as separate docket entry).Signed by Honorable Malachy E Mannion on 3/30/15. (Attachments: # 1 Unpublished Opinion(s), # 2 Unpublished Opinion(s), # 3 Unpublished Opinion(s), # 4 Unpublished Opinion(s))(bs)
Page 1
Not Reported in F.Supp.2d, 2013 WL 85252 (W.D.Pa.)
(Cite as: 2013 WL 85252 (W.D.Pa.))
Only the Westlaw citation is currently available.
United States District Court,
W.D. Pennsylvania.
Mayhlon Robert TROUTMAN, Plaintiff,
v.
Heil BARTLETT, et al., Defendants.
Civil Action No. 11–315 Erie.
IT IS HEREBY ORDERED that the Motion to
Dismiss filed by Defendants [ECF No. 9] is DENIED as
to the malicious prosecution claim and GRANTED as to
all other claims. IT IS FURTHER ORDERED that the
official capacity claims against the Defendants are
DISMISSED for failure to state a claim upon which relief
may be granted.
The Report and Recommendation [ECF No. 21] of
Magistrate Judge Baxter, filed on December 4, 2012 is
adopted as the opinion of the Court.
Jan. 8, 2013.
Mayhlon Robert Troutman, Jr., Erie, PA, for Plaintiff.
W.D.Pa.,2013.
Samuel H. Foreman, Weber Gallagher Simpson Stapleton
Fires & Newby, Pittsburgh, PA, for Defendants.
Troutman v. Bartlett
Not Reported in F.Supp.2d, 2013 WL 85252 (W.D.Pa.)
END OF DOCUMENT
MEMORANDUM ORDER
SEAN J. McLAUGHLIN, District Judge.
*1 This civil rights action was received by the Clerk
of Court on December 19, 2011, and was referred to
United States Magistrate Judge Susan Paradise Baxter for
report and recommendation in accordance with the
Magistrates Act, 28 U.S.C. § 636(b)(1), and Rules 72.1.3
and 72.1.4 of the Local Rules for Magistrates.
The Magistrate Judge's Report and Recommendation
[ECF No. 21], filed on December 4, 2012, recommended
that the Motion to Dismiss filed by Defendants [ECF No.
9] be denied as to the malicious prosecution claim and
granted as to all other claims. The Magistrate Judge
further recommended, sua sponte, that the official capacity
claims against the Defendants be dismissed for failure to
state a claim upon which relief may be granted.
The parties were allowed fourteen (14) days from the
date of service to file objections and no objections were
filed. After de novo review of the documents in the case,
together with the Report and Recommendation, the
following order is entered:
AND NOW, this 8th day of January, 2013;
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