Welshans v. Lynch et al

Filing 41

ORDER (memorandum filed previously as separate docket entry)- IT IS HEREBY ORDERED that the 16 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM is granted in party and denied in part; Defendant Blocker's 28 MOTION for Judgment on the Pleading s is granted; the action is dismissed as to this Defendant; Clerk directed to enter judgment in favor of Colonel Tyree C. Blocker, Pennsylvania State Police Commissioner and against Plaintiff. (see order for further/complete details) Signed by Honorable Matthew W. Brann on 3/5/18. (lg)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
No. 4:16-cv-02297

VICTOR W. WELSHANS,

(Judge Brann)

Plaintiff,
v.
JEFFERSON B. SESSIONS1,
Attorney General of the United States,
CHRISTOPHER WRAY,2
Director of the Federal Bureau of
Investigation, COLONEL TYREE C.
BLOCKER, Pennsylvania State Police
Commissioner,
Defendants.
ORDER

AND NOW, this 5th day of March 2018, in accordance with the
accompanying Memorandum Opinion, IT IS HEREBY ORDERED that:
1. The Motion to Dismiss the complaint filed by Defendants Jefferson B.
Sessions and Christopher Wray, June 9, 2017, ECF No. 16, is
GRANTED in part and DENIED in part. It is granted to the extent the
Plaintiff seeks a declaratory judgment and/or injunction expunging his

1

The Complaint named Loretta Lynch, however, Jefferson B. Sessions became Attorney
General of the United States on February 9, 2017; therefore, pursuant to Fed. R. Civ. P.
25(d), Jefferson B. Sessions is automatically substituted.

2

The Complaint named Andrew G. Mccabe, however, Christopher Wray became Director of
the FBI on August 2, 2017; therefore, pursuant to Fed. R. Civ. P. 25(d), Christopher Wray is
automatically substituted.

state record of a 1999 involuntary commitment. It is otherwise
DENIED.
2. The Motion for Judgment on the Pleadings filed by Defendant Tyree C.
Blocker, July 10, 2017, ECF No. 28 is GRANTED. The action is
dismissed as to this Defendant.
3. The Clerk of Court is directed to enter judgment in favor of Colonel
Tyree C. Blocker, Pennsylvania State Police Commissioner and against
Plaintiff.
BY THE COURT:

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

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