Davison v. Kennedy et al

Filing 25

ORDER (memorandum filed previously as separate docket entry).The motion to dismiss plaintiffs complaint of Parole Defendants, (Doc. 11), is GRANTED IN PART and DENIED IN PART. (See order for details).Signed by Honorable Malachy E Mannion on 2/11/16. (bs)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF PENNSYLVANIA
DAVID DAVISON,

:

Plaintiff

:

CIVIL ACTION NO. 3:15-1373

v.

:

(JUDGE MANNION)

STACEY LYNN KENNEDY, et al.,
Defendants

:
:

ORDER
In light of the memorandum issued in the above-captioned matter, IT IS
HEREBY ORDERED THAT:
(1)

The motion to dismiss plaintiff’s complaint of Parole
Defendants, (Doc. 11), is GRANTED IN PART and DENIED
IN PART.

(2)

The Parole Defendants’ motion to dismiss is DENIED with
respect to plaintiff’s §1983 claims of deprivation of his
Fourth Amendment rights and Fourteenth Amendment due
process rights in Count I against defendants Taylor and
Sheaffer.

(3)

The Parole Defendants’ motion is GRANTED to the extent
that: a) plaintiff’s Fifth Amendment due process claim is
DISMISSED WITH PREJUDICE; b) the Parole Board is
DISMISSED WITH PREJUDICE; c) defendant Novak is
DISMISSED WITHOUT PREJUDICE; d) plaintiff’s equal
1

protection claim is DISMISSED WITHOUT PREJUDICE;
and e) all of plaintiff’s state law claims in Count II are
DISMISSED WITH PREJUDICE.
(4)

Defendant Kennedy is DISMISSED WITHOUT PREJUDICE
and

Doe

Defendants

are

DISMISSED

WITHOUT

PREJUDICE.
(5)

Defendants Taylor and Sheaffer are directed to file their
answer to the remaining claims in Count I of plaintiff’s
complaint against them within seven days of the date of this
Order.

s/ Malachy E. Mannion
MALACHY E. MANNION
United States District Judge
Date: February 11, 2016
O:\Mannion\shared\MEMORANDA - DJ\CIVIL MEMORANDA\2015 MEMORANDA\15-1373-01-ORDER.wpd

2