Pelier v. Kalinowski et al

Filing 15

ORDER ADOPTING REPORT AND RECOMMENDATIONS ; Plaintiff has 21 days from the date of entry of this Order to file an amended complaint. The matter is RECOMMITTED to MJ Mehalchick for further proceedings. Signed by Honorable A. Richard Caputo on 6/19/17. (jam)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA

JARAY PELIER,
NO. 3:16-CV-02095
(JUDGE CAPUTO)

Plaintiff,

v.
JOSEPH PAUL KALINOWSKI, et al.,

(MAGISTRATE JUDGE MEHALCHICK)

Defendants.
ORDER
NOW, this /

f~!y of June, 2017, upon review of the Report and Recommendation

of Magistrate Judge Mehalchick (Doc. 13) for plain error or manifest injustice, IT IS HEREBY
ORDERED that:

(1)

Magistrate Judge Mehalchick's Report and Recommendation (Doc. 13),
screening Plaintiff Jaray Pelier's civil rights complaint brought in forma
pauperis, is ADOPTED in its entirety;

(2)

Claims for relief against Joseph Kalinowski predicated upon 42 U.S.C. § 1983
are DISMISSED WITH PREJUDICE, as Kalinowski is not a state actor for

§ 1983 purposes;
(3)

Claims for relief against the Lackawanna County Office of the Public Defender
("OPD") predicated upon § 1983 are DISMISSED WITH PREJUDICE, as the
OPD is not a state actor for § 1983 purposes;

(4)

Claims for relief against Lackawanna County are DISMISSED WITHOUT
PREJUDICE, as Plaintiff has failed to identify a policy or custom sufficient for

relief under Monell v. Dep't of Social Servs., 436 U.S. 658, 691 (1978).
Further, to the extent that Plaintiff's claim is that the systemic underfunding of
the OPD by Lackawanna County caused Plaintiff to receive ineffective
assistance of counsel, his claim is likewise DISMISSED;
(5)

Plaintiff has twenty-one days (21) days from the date of entry of this Order

to file an amended complaint consistent with the adopted Report and
Recommendation (Doc. 13); and
(6)

The matter is RECOMMITTED to Magistrate Judge Mehalchick for further
proceedings.

~
United States

2

istrict Judge