Beenick v. LeFevre et al

Filing 18

ORDER: In accordance with the Memorandum filed previously as separate record document no. 17, IT IS ORDERED THAT: Magistrate Judge Blewitt's Report and Recommendation (ECF No. 14) regarding the disposition of Defendants' Motion to Dismiss Plaintiff's Complaint (ECF No. 10) is adopted in part and rejected in part. Defendants' Motion to Dismiss is denied with respect to Counts I, II, III, and IV.Defendants' qualified immunity defense is denied at this stage in the procee ding, although Defendants may reassert the defense at a later stage.Plaintiff's request for declaratory relief is dismissed without prejudice, with leave to amend to assert a need for future relief.The case is remanded to Chief Magistrate Judge Carlson for assignment to a Magistrate Judge.Signed by Honorable Matthew W. Brann on 5/14/15 (km)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
MICHAEL BEENICK, Jr.,
Plaintiff,
v.
MICHAEL LeFEBVRE, et al.,
Defendants.

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(Judge Brann)
No. 4:14-cv-01562

ORDER
May 14, 2015
AND NOW, in accordance with the Memorandum of this same date, IT IS
HEREBY ORDERED THAT:
1.

Magistrate Judge Blewitt’s Report and Recommendation (ECF No.
14) regarding the disposition of Defendants’ Motion to Dismiss
Plaintiff’s Complaint (ECF No. 10) is adopted in part and rejected in
part.

2.

Defendants’ Motion to Dismiss is denied with respect to Counts I, II,
III, and IV.

3.

Defendants’ qualified immunity defense is denied at this stage in the
proceeding, although Defendants may reassert the defense at a later
stage.

4.

Plaintiff’s request for declaratory relief is dismissed without
prejudice, with leave to amend to assert a need for future relief.

5.

The case is remanded to Chief Magistrate Judge Carlson for
assignment to a Magistrate Judge.

BY THE COURT:

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