CARTER v. BAUMCRATZ et al

Filing 65

ORDER granting 52 Defendant Sutherland's Motion to Dismiss as unopposed. Signed by Magistrate Judge Richard A. Lanzillo on July 17, 2019. (jbh)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
RALPH J. CARTER,
Plaintiff
vs.
ADAM BAUMCRATZ, ET AL.
Defendants

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Case No. 1:18-cv-00096 (Erie)
RICHARD A. LANZILLO
UNITED STATES MAGISTRATE JUDGE
ORDER ON DEFENDANT WILLIAM
SUTHERLAND’S MOTION TO DISMISS,
or in the alternative, FOR SUMMARY
JUDGMENT
ECF NO. 52

Plaintiff Ralph J. Carter initiated this civil rights action, pro se, with the filing of a
Complaint on March 27, 2019. ECF No. 4. He was granted leave of court to file an Amended
Complaint on December 4, 2018. ECF No. 34. Carter’s Amended Complaint was filed on
December 6, 2018. ECF No. 35. The Amended Complaint added William Sutherland, among
others, as a Defendant. Sutherland filed a Motion to Dismiss, or in the alternative, for Summary
Judgment, on March 22, 2019. ECF No. 52. Carter filed a Response to Sutherland’s motion in
which he “concedes with Counsel for Defendant Sutherland that Mr. Sutherland is not a law
enforcement officer, therefore had no obligation to intervene whenever force was being
administered against Plaintiff by correctional officers.” ECF No. 62, p. 3 (citation omitted).
Carter then asks that “[t]herefore, as to not waste this Court’s time, it is requested that Defendat
[sic] Sutherland be removed from this case.” Id.
Inasmuch as Carter does not oppose the dismissal of Defendant Sutherland from this
matter, Defendant Sutherland’s Motion to Dismiss is hereby GRANTED, with prejudice.
So ordered.
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_________________________
RICHARD A. LANZILLO
United States Magistrate Judge
Entered this 17th Day of July, 2019.

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