Opinion
Civil Action 1:23-cv-67
06-30-2023
BRIAN DOUGLAS ANTHONY, Plaintiff, v. TODD MANGES, et al, Defendants.
MEMORANDUM ORDER
SUSAN PARADISE BAXTER UNITED STATES DISTRICT JUDGE
Plaintiff Brian Douglas Anthony, an inmate at the Erie County Prison, has brought this pro se lawsuit against numerous individuals whom he claims violated his rights in connection with Plaintiffs prosecution on harassment and stalking charges. Among those named as Defendants is Emily Downing (“Downing”), an Assistant District Attorney who signed the information in Plaintiffs criminal case. This civil action has been referred to United States Magistrate Judge Richard A. Lanzillo for pretrial proceedings in accordance with the Magistrate Judges Act, 28 U.S.C. §636(b)(1), Federal Rule of Civil Procedure 72(b), and the Local Rules for Magistrate Judges.
Because Plaintiff is proceeding in forma pauperis, the Magistrate Judge screened the Amended Complaint, Plaintiffs governing pleading, in accordance with the provisions of 28 U.S.C. § 1915(e)(2) and §1915A. ECF No. [11], On June 6, 2023, Judge Lanzillo issued a Report and Recommendation (“R&R”) in which he opined that Plaintiff s claims against Downing should be dismissed with prejudice, because Downing is immune from liability relative to any conduct involving her role as a prosecuting attorney. ECF No. [12]. See Imbler v. Pachtman, 424 U.S. 409, 417-420 (1976) (discussing prosecutorial immunity); 28 U.S.C. § 1915(e)(2) (stating that "the court shall dismiss the case at any time if the court determines that ...the action .. . seeks monetary relief against a defendant who is immune from such relief").
Objections to the Report and Recommendation were due on or before June 23, 2023. On June 20, 2023, the clerk docketed Plaintiffs response to the Report and Recommendation in which Plaintiff concedes that his claims against Downing should be dismissed. ECF No. [13].
Accordingly, after de nova review of the Amended Complaint and other documents in the case, including the Magistrate Judge's Report and Recommendation and Plaintiffs response thereto, the following Order is entered:
NOW, this 30th day of June, 2023, IT IS ORDERED that Plaintiffs claims against Defendant Emily Downing, as set forth in the Amended Complaint, ECF No. [11], shall be, and hereby are, DISMISSED with prejudice. As no claims remain pending against Defendant Downing, the Clerk is directed to terminate her status as a party to this case.
IT IS FURTHER ORDERED that the Report and Recommendation of Magistrate Judge Lanzillo, dated June 6, 2023, ECF No. [12], is adopted as the opinion of this Court.