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 (Attachments: # 1 Unpublished Opinion(s), # 2 Unpublished Opinion(s), # 3 Unpublished Opinion(s), # 4 Unpublished Opinion(s))(bs)

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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; © 2015 Thomson Reuters. No Claim to Orig. US Gov. Works.

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