TROUTMAN v. BARTLETT et al
Filing
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MEMORANDUM ORDER: IT IS HEREBY ORDERED that the 9 Motion to Dismiss filed by Defendants is DENIED as to the maliciaous prosecution claim and GRANTED as to all other claims. IT IS FURTHER ORDERED that the official capacity claims against the Defendants are DISMISSED for failure to state a claim; adopting 21 Report and Recommendations. Signed by Judge Sean J. McLaughlin on 1/8/2013. (rlh)
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
MAYHLON ROBERT TROUTMAN,
Plaintiff,
v.
HEIL BARTLETT, et al.,
Defendants.
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Civil Action No. 11-315 Erie
MEMORANDUM ORDER
This civil rights action was received by the Clerk of Court on December 19, 2011,
and was referred to United States Magistrate Judge Susan Paradise Baxter for report
and recommendation in accordance with the Magistrates Act, 28 U.S.C. ' 636(b)(1),
and Rules 72.1.3 and 72.1.4 of the Local Rules for Magistrates.
The Magistrate Judge’s Report and Recommendation [ECF No. 21], filed on
December 4, 2012, recommended that the Motion to Dismiss filed by Defendants [ECF
No. 9] be denied as to the malicious prosecution claim and granted as to all other
claims. The Magistrate Judge further recommended, sua sponte, that the official
capacity claims against the Defendants be dismissed for failure to state a claim upon
which relief may be granted.
The parties were allowed fourteen (14) days from the date of service to file
objections and no objections were filed. After de novo review of the documents in the
case, together with the Report and Recommendation, the following order is entered:
AND NOW, this 8th day of January, 2013;
IT IS HEREBY ORDERED that the Motion to Dismiss filed by Defendants [ECF
No. 9] is DENIED as to the malicious prosecution claim and GRANTED as to all other
claims.
IT IS FURTHER ORDERED that the official capacity claims against the
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Defendants are DISMISSED for failure to state a claim upon which relief may be
granted.
The Report and Recommendation [ECF No. 21] of Magistrate Judge Baxter, filed
on December 4, 2012 is adopted as the opinion of the Court.
s/
cm:
Sean J. McLaughlin
United States District Judge
All parties of record
Susan Paradise Baxter, U.S. Magistrate Judge
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