Summary
dismissing plaintiff's malicious prosecution claim where there were no allegations that he suffered a deprivation of liberty consistent with the concept of a seizure as a consequence of a legal proceeding
Summary of this case from Calipo v. Butler Cnty. Cranberry Twp. Police Dep'tOpinion
Civil Action No. 11 - 212
11-14-2011
JOSEPH CLIFFORD MALCOMB, Plaintiff, v. RACHEL DIETZ, Ambridge Police Office; CHIEF OF POLICE ROMUTIS, Ambridge Police Chief; MARTIN V. SCHULTY, Magistrate Judge; JANET DOLAN, Director of Pen [sic] Dot; and JOHN DOHANICH, Common Pleas Judge, Defendants.
District Judge Arthur J. Schwab
MEMORANDUM ORDER
The above captioned case was initiated by the filing of a motion to proceed in forma pauperis (ECF No. 1) on February 16, 2011, and was referred to a united states magistrate judge for pretrial proceedings in accordance with the Magistrate Judges Act, 28 U.S.C. § 636(b)(1), and the local rules of court.
On November 3, 2011, the Magistrate Judge filed a Report and Recommendation (ECF No. 23) recommending that the Motion to Dismiss filed by Defendants John Dohanich and Martin V. Schulte (incorrectly misspelled as "Schulty" in the Complaint) (ECF No. 14) be granted and that the Complaint be dismissed with prejudice against the remaining Defendants under 28 U.S.C. § 1915A. Plaintiff filed Objections to the Report and Recommendation on November 7, 2011 (ECF No. 26). Plaintiff's Objections do not undermine the recommendation of the Magistrate Judge.
After de novo review of the pleadings and documents in the case, together with the Report and Recommendation, and the Objections thereto, the following order is entered:
AND NOW, this 14th day of November, 2011;
IT IS HEREBY ORDERED that the Motion to Dismiss filed by Defendants Dohanich and Schulte (ECF No. 14) is GRANTED.
IT IS FURTHER ORDERED that the Complaint be dismissed with prejudice against the remaining Defendants under 28 U.S.C. § 1915A as it would be futile to allow him the opportunity to amend.
IT IS FURTHER ORDERED that the Report and Recommendation (ECF. No. 23) dated November 3, 2011, is ADOPTED as the Opinion of the Court.
IT IS FURTHER ORDERED that the Clerk of Court mark this case CLOSED.
AND IT IS FURTHER ORDERED that pursuant to Rule 4(a)(1) of the Federal Rules of Appellate Procedure, Plaintiff has thirty (30) days to file a notice of appeal as provided by Rule 3 of the Federal Rules of Appellate Procedure.
By the Court:
Arthur J. Schwab
United States District Judge
cc: Joseph Clifford Malcomb, BW3347
SCI-Greensburg
165 S.C.I. Lane
Greensburg, PA 15601