Opinion
Civil No. 01-224-P-C, Civil No. 02-158-P-C
March 5, 2003
BERT J. ALLEN, III, FCI SCHUYLKILL, MINERSVILLE, PA, pro se.
MICHAEL J. SCHMIDT, WHEELER AREY, P.A., WATERVILLE, ME, for YORK COUNTY JAIL, DANIEL DOUBOUS, individually and in their official capabilities as officers of the York County Jail, TAMMY LEONARD, individually and in their official capabilities as officers of the York County Jail, LINDA MOOERS, PHILIP COTE, Individually and in his official capacity as Sheriff UNKNOWN CORRECTIONAL OFFICERS.
ORDER AFFIRMING THE RECOMMENDED DECISION OF THE MAGISTRATE JUDGE
The United States Magistrate Judge filed with the Court on January 31, 2003, with copies to the pro se Plaintiff and to counsel, her Recommended Decision on Motions for Judgment on the Pleadings (Docket Item No. 104 in Civil No. 01-224-P-C and Docket Item No. 36 in Civil No. 02-158-P-C). Plaintiff filed his objection to the Recommended Decision on February 7, 2003 (Docket Item No. 107 in Civil No. 01-224-P-C and Docket Item No. 39 in Civil No. 02-158-P-C), to which objection Defendants filed their response on February 12, 2003 (Docket Item No. 111 in Civil No. 01-224-P-C and Docket Item No. 43 in Civil No. 02-158-P-C). Plaintiff filed his reply to Defendants' response on February 21, 2003 (Docket Item No. 112 in Civil No. 01-224-P-C and Docket Item No. 44 in Civil No. 02-158-P-C).
In his various objections/responses to the Recommended Decision, Plaintiff has indicated his consent to the Magistrate Judge's recommended decision that all claims against York County and the York County Jail be dismissed. He appears to seek by way of his objections/responses to preserve a right to amend his claims to seek expunction of his underlying criminal convictions.
This Court having reviewed and considered the Magistrate Judge's Recommended Decision, together with the entire record; and this Court having made a de novo determination of all matters adjudicated by the Magistrate Judge's Recommended Decision, and concurring with the recommendations of the United States Magistrate Judge for the reasons set forth in her Recommended Decision, and having determined that no further proceeding is necessary; it is ORDERED as follows:
(1) The objection of the Plaintiff is hereby DENIED.
(2) The Recommended Decision of the Magistrate Judge is hereby AFFIRMED.
(3) The Motions for Judgment on the Pleadings are hereby GRANTED.
(4) Judgment is hereby ENTERED in favor of York County Jail in Civil No. 01-224-P-C.
(5) The Complaint in Civil No. 02-158-P-C is hereby DISMISSED because it does not state a claim against any of the named Defendants. 3(6) Plaintiff's claim to reserve a right to amend the Complaint to assert a new claim to expunge his underlying criminal convictions is hereby DENIED.
These claims were not previously set forth in a timely manner and, in any event, the claims made herein are not in any way related to the validity of the underlying criminal convictions. There is no indication that the convictions are implicated, directly or indirectly, in any constitutional violations that are alleged in these two Complaints by Plaintiff. The specified claim of right to amend will be denied.