REYNOLDS v. BERARDUCCI et al

Filing 28

ORDER. It is hereby ORDERED that 17 Motion to Dismiss and 26 Amended Motion to Dismiss filed by Defendants are GRANTED; Plaintiff's 25 Motion for the Appointment of Counsel is DENIED AS MOOT. It is further ORDERED that Magistrate Judge Baxter's 27 Report and Recommendation is ADOPTED as the Opinion of this Court. The Clerk shall close the case. Signed by Judge Mark R. Hornak on 8/31/18. (jad)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA

JALEN DANDRE REYNOLDS,

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Plaintiff,

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Civil Action No. 17-308 (Erie)

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V.

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DET. MATTHEW BERARDUCCI, et al.,

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Defendants.

United States District Judge
Mark R. Hornak

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United States Magistrate Judge Susan
Paradise Baxter

MEMORANDUM ORDER

This case was commenced on November 13, 2017, and was referred to United States
(_,,

Magistrate Judge Susan Paradise Baxter for pretrial proceedings in accordance with the Magistrate
Judges Act, 28 U.S.C. § 636(b)(l), and the Local Rules of Court for Magistrate Judges.
On August 13, 2018, Magistrate Judge Baxter filed a Report and Recommendation (ECF
No. 27) recommending that the Defendants' Motion to Dismiss, ECF No. 17, be granted,
principally on the grounds that the Plaintiff's claims are barred by the doctrine of Heck v.
Humphrey, 512 U.S. 477 (1994). Thereafter, the Defendants filed an Amended Motion to Dismiss

on the same grounds, with updated docket information relative to the Plaintiff's on-going state
criminal proceedings, ECF No. 26. The Plaintiff has also moved for the appointment of counsel,
ECFNo. 25.
The Court has considered the Defendants' Motions, the Report and Recommendation, and
the papers filed by the parties, and upon de novo review, concludes that the Motions to Dismiss

should be granted, the Plaintiffs Motion for Appointment of Counsel be denied, and that the Court
should adopt the R&R as the Opinion of the Court and the case be dismissed.
After de nova review of the entire record, the following Order is entered:
AND NOW, this 31st day of August, 2018, it is hereby ORDERED, ADJUDGED and

DECREED that 1) the Motion to Dismiss, ECF No. 17 and the Amended Motion to Dismiss,
ECF No. 26, filed by the Defendants are granted, and the Plaintiffs Motion for the Appointment
Counsel, ECF No. 25, is denied as moot 1• The Clerk shall close the case.
So ORDERED this 31st day of Au

Mark R. Hornak, United States District Judge

cc: all registered users of CM-ECF
Mr. Jalen Dandre Reynolds (by U.S. Mail)

1
The Court concludes that this Motion should be denied, in that due to the preclusive effect of the Heck v.
Humphrey doctrine, whether the Plaintiff is represented by counsel would not have an impact on the outcome in this
case.