Jenkins v. Exeter Borough et al

Filing 38

ORDER ADOPTING REPORT AND RECOMMENDATIONS : Defendant Kachinsky's Motion to Dismiss (Doc. 29) is GRANTED. Plaintiff's Eighth Amendment claim against Defendant Kachinsky for excessive force is DISMISSED WITH PREJUDICE. Plaintiff's Four th Amended claim against Defendant Kachinsky for excessive force is DISMISSED WITHUT PREJUDICE. Plaintiff may amend his Fourth Amendment excessive force claim within 21 days from the date of this Order. The case is REMANDED to Magistrate Judge Saporito for further proceedings consistent with this Order. Signed by Honorable Robert D. Mariani on 8/8/17. (jam)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
EDWARD JENKINS,
Plaintiff,

v.

3:15-CV-1353
(JUDGE MARIANI)

EXETER BOROUGH, et al.,
Defendants.
ORDER
AND NOW, THIS

g-A

DAY OF AUGUST, 2017, upon review of Magistrate

Judge Saporito's Report & Recommendation, (Doc.35), for clear error and manifest
injustice, IT IS HEREBY ORDERED THAT:
1. The Report & Recommendation, (Doc. 35), is ADOPTED for the reasons stated
therein.
2. Defendant Kachinsky's Motion to Dismiss, (Doc. 29), is GRANTED.
3. Plaintiff's Eighth Amendment claim against Defendant Kachinsky for excessive force
is DISMISSED WITH PREJUDICE
4. Plaintiff's Fourth Amendment claim against Defendant Kachinsky for excessive force
is DISMISSED WITHOUT PREJUDICE.
a. Plaintiff MAY AMEND his Fourth Amendment excessive force claim within
twenty-one (21) days from the date of this Order.

5. The case is REMANDED to Magistrate Judge Saporito for further proceedings
consistent with this Order.

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