Cruz v. City of Pottsville et al

Filing 119

ORDER (memorandum filed previously as separate docket entry) ADOPTING the Report and Recommendation of Magistrate Judge Carlson 108 , and objections are overruled; the Dfts' 92 MOTION for Summary Judgment is GRANTED re 4th amendment claim for false arrest, false imprisonment and malicious prosecution; the Clerk of Court is directed to CLOSE this case w/o prejudice to the plaintiff pursuing his state law claims in an appropriate state court. Signed by Honorable Julia K Munley on 8/29/24. (sm)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
No. 3:21cv283

JOSE ENRIQUEZ CRUZ,
Plaintiff

(Judge Munley)

v.
(Magistrate Judge Carlson)
CITY OF POTTSVILLE, et al.,
Defendants

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~

AND NOW, to wit, this ~

day of August 2024, for the reasons set forth

in the accompanying memorandum, it is hereby ORDERED as follows:
After a careful review, the court finds neither a clear error on the face of the
record nor a manifest injustice, and therefore, the court shall adopt the report and
recommendation. It is hereby ORDERED as follows:
1) The magistrate judge's report and recommendation (Doc. 108) is
ADOPTED and the plaintiff's objections (Doc. 112) are OVERRULED;

2) The defendants' motion for summary judgment (Doc. 92) is GRANTED
with regard to plaintiff's Fourth Amendment claims for false arrest, false
imprisonment, and malicious prosecution;
3) The court declines to exercise jurisdiction over the plaintiff's remaining
state law claims of assault, battery, and negligence; and

4) The Clerk of Court is directed to CLOSE this case in this court without
prejudice to the plaintiff pursuing his state law claims of assault, battery,
and negligence in an appropriate state court.

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