BOATNER v. SALEM et al

Filing 67

MEMORANDUM ORDER re 66 Appeal of Magistrate Judge Decision to District Court re 65 Report and Recommendation 50 Motion for Summary Judgment. Signed by Judge Arthur J. Schwab on 1/6/2016. (eet)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
HARRY BOATNER, JR.

)
)
Plaintiff,
)
)
v.
)
)
ROBERT SALEM, Police Chief
)
Of New Castle, PA,
)
CORPORAL SEELBAUGH,
)
JASON DIMUCCHIO, Director
)
Of Public Safety, Lawrence County Housing )
Authority, JUSTIN WARREN, Patrolman, )
AMANDA VENTURA, Patrolman, JOHN )
MELNICK, Patrolman, ROBERT PICHE, )
Patrolman,
)
)
Defendants.
)

Civil Action No. 15-595

District Judge Arthur J. Schwab
Magistrate Judge Lisa Pupo Lenihan

ECF Nos. 38, 50, 65

MEMORANDUM ORDER

Plaintiff commenced this case by filing a Motion for Leave to Proceed in Forma Pauperis
on May 7, 2015. (ECF No. 1.) Plaintiff’s Motion was granted on May 11, 2015 and the Clerk
was directed to file the Complaint. (ECF No. 2.) The case was referred to Magistrate Judge
Lenihan for pretrial proceedings in accordance with the Magistrate Judges Act, 28 U.S.C. §
636(b)(1), and Rules 72.C and 72.D of the Local Rules of Court.
The Magistrate Judge’s Report and Recommendation (ECF No. 65) filed on December
18, 2015, recommended that the Motion for Summary Judgment filed by Defendant Jason
DiMucchio (ECF No. 38) be granted. It was further recommended that the Motion for Summary
Judgment filed by the Police Defendants John Melnik, Robert Piche, Robert Salem, Corporal
Seelbaugh, Amanda Ventura, and Justin Warren (ECF No. 50) be denied without prejudice, and
that the civil action be stayed and administratively closed until the underlying criminal action

against Plaintiff in the Court of Common Pleas of Lawrence County is concluded. Service was
made on the pro se Plaintiff at his address of record, and on counsel of record by electronic mail.
The parties were informed that in accordance with the Magistrate Judges Act, 28 U.S.C.
§ 636(b)(1)(B) and (C), and Local Rule of Court 72.D.2, the parties had fourteen (14) days from
the date of service to file objections to the Report and Recommendation. On January 4, 2016,
Plaintiff filed an Appeal of Report and Recommendation which the Court has construed as his
objections (ECF No. 66).
After review of the pleadings, documents in the case, and the Appeal of Report and
Recommendation, together with the Report and Recommendation, the following Order is
entered:
AND NOW, this 6th day of January 2016, it is hereby ORDERED that the Motion for
Summary Judgment filed by Defendant Jason DiMucchio (ECF No. 38) is GRANTED and that
the Motion for Summary Judgment filed by the Police Defendants John Melnik, Robert Piche,
Robert Salem, Corporal Seelbaugh, Amanda Ventura, and Justin Warren (ECF No. 50) is
DENIED WITHOUT PREJUDICE.
IT IS FURTHER ORDERED that the civil action is stayed and administratively closed
until the underlying criminal action against Plaintiff in the Court of Common Pleas of Lawrence
County (and any related appeal) is concluded. Thereafter, Plaintiff may move to reopen the case
for good cause shown, and, if the case is reopened, the Police Defendants may re-file their
Motion for Summary Judgment.
IT IS FURTHER ORDERED that the Report and Recommendation (ECF No. 65) of
Magistrate Judge Lenihan, dated December 18, 2015, is adopted as the Opinion of the Court.

BY THE COURT
s/Arthur J. Schwab
ARTHUR J. SCHWAB
United States District Judge
cc:

Harry Boatner, Jr.
111 S. Milton Street
New Castle, PA 16101-3593

All counsel of record
Via Electronic Mail