Swisher v. Columbia County et al

Filing 30

ORDER ADOPTING REPORT AND RECOMMENDATION 23 of Magistrate Judge Schwab; GRANTING Defendants' Motion to Dismiss 18 ; DISMISSING Counts I and IV with prejudice; DISMISSING Counts II and III without prejudice; DIRECTING the clerk to CLOSE the case file. Signed by Honorable Matthew W. Brann on 1/29/14. (km)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
LYNNE SWISHER,
Plaintiff,
v.
COLUMBIA COUNTY, et. al.,
Defendants.

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Civil Action No. 4:13-CV-0166
(Judge Brann)

(Magistrate Judge Schwab)

ORDER
January 29, 2014
BACKGROUND:
The undersigned has given full and independent consideration to the
thorough and sound November 15, 2013 report and recommendation of Magistrate
Judge Susan E. Schwab. In response to the report and recommendation, Swisher,
through counsel, filed objections on December 4, 2013, to the recommended
dismissal of her complaint. ECF No. 27. Magistrate Judge Schwab engaged in the
correct analysis of the statute of limitations and Swisher’s objections do not
overcome the recommendation.
Because this Court agrees with Magistrate Judge Schwab’s thoughtful
analysis the Court will not rehash the sound reasoning of the magistrate judge and

will adopt the report and recommendation in its entirety. Swisher’s federal claims
pursuant to 42 U.S.C. § 1983 are dismissed with prejudice because the statute of
limitations has run on her § 1983 claims. Swisher’s claims brought pursuant to the
Pennsylvania Human Relations Act are dismissed without prejudice so that
Swisher may refile these claims in the Court of Common Pleas of Columbia
County, Pennsylvania, if she so chooses to do so.
NOW, THEREFORE, IT IS HEREBY ORDERED THAT:
1.
1.

United States Magistrate Judge Susan E. Schwab’s Report and
Recommendation is ADOPTED in full. November 15, 2013, ECF No.
23.

2.

Defendants’ Motion to Dismiss is GRANTED. May 21, 2013, ECF
No. 18.

3.

Counts I and IV are DISMISSED with prejudice.

4.

Counts II and III DISMISSED without prejudice.

5.

The clerk is directed to close the case file.

BY THE COURT:

s/ Matthew W. Brann
Matthew W. Brann
United States District Judge