Estate of Raymond J. Guziewicz et al v. Magnotta

Filing 101

ORDER (memorandum filed previously as separate docket entry). (1) The Report and Recommendation 93 is ADOPTED. (2) Defendants Motion for Summary Judgment 79 is DENIED. (3) Plaintiffs state law claim for abuse of process (Counts IV, VII of the Ame nded Complaint) is DISMISSED with prejudice for failure to state a claim upon which relief can be granted, pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii). (4) Plaintiffs claims for false arrest under 42 U.S.C. § 1983 (Counts II, VII of the Amend ed Complaint) and intentional infliction of emotional distress under state law (Counts V, VII of the Amended Complaint) are DISMISSED with prejudice as legally frivolous and for failure to state a claim upon which relief can be granted, pursuant to 28 U.S.C. §§1915(e)(2)(B)(i), (ii). (5) The Matter is placed on this Courts September 2019 trial list.Signed by Honorable A. Richard Caputo on 7/3/19. (dw)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
ESTATE OF RAYMOND J.
GUZIEWICZ, ET AL.,
No. 3:14-cv-01742
Plaintiffs,
(JUDGE CAPUTO)

v.
RENEE P. MAGNOTTA,

(MAGISTRATE JUDGE
SAPORITO)

Defendant.
ORDER

NOW, this 3rd day of July, 2019, IT IS HEREBY ORDERED that:
(1)

The Report and Recommendation (Doc. 93) is ADOPTED.

(2)

Defendant’s Motion for Summary Judgment (Doc. 79) is DENIED.

(3)

Plaintiff’s state law claim for abuse of process (Counts IV, VII of the
Amended Complaint) is DISMISSED with prejudice for failure to state
a claim upon which relief can be granted, pursuant to 28 U.S.C. §
1915(e)(2)(B)(ii).

(4)

Plaintiff’s claims for false arrest under 42 U.S.C. § 1983 (Counts II, VII
of the Amended Complaint) and intentional infliction of emotional
distress under state law (Counts V, VII of the Amended Complaint) are
DISMISSED with prejudice as legally frivolous and for failure to state
a claim upon which relief can be granted, pursuant to 28 U.S.C. §§
1915(e)(2)(B)(i), (ii).

(5)

The Matter is placed on this Court’s September 2019 trial list.

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