Opinion
CIVIL ACTION NO. 2:11-cv-875
05-16-2012
CHRISTOPHER BATCH, Plaintiff, v. BUTLER COUNTY, CONSTABLE ROBERT GEAGAN, BUTLER CITY POLICE DEPARTMENT and POLICE OFFICER RENSEL, Defendants.
Judge Joy Flowers Conti/Magistrate Judge Cynthia Reed Eddy
ORDER
AND NOW, this 10th day of May 2012, the Plaintiff having been granted in forma pauperis status, the Complaint in this action [ECF No. 3] was filed on July 12, 2011. An Amended Complaint was filed on September 26, 2011 [ECF No. 7]. On December 27, 2011, Defendant Geagan filed a Motion to Dismiss the Amended Complaint [ECF No. 19].
On February 1, 2011, the Magistrate Judge filed a Report and Recommendation [ECF No. 31] respectfully recommending that the Defendant Geagan's Motion to Dismiss the Amended Complaint [ECF No. 19] be granted in part and denied in part. Specifically, the Magistrate Judge recommended that the Fifth, Sixth, and Fourteenth Amendment claims against Geagan be dismissed with prejudice, and that the Motion to Dismiss the Fourth Amendment claims be denied. The parties were directed to file Objections to this Report and Recommendation, but an error was made in the date by which that filing was to be made. In order to correct that error and to ensure that the parties were given adequate time in which to respond, an Order was entered on April 12, 2012 vacating the original Report and Recommendation. An Amended Report and Recommendation was filed the same day. [ECF No. 35]. In the Amended Report and Recommendation, the parties were directed to file Objections on or before April 26, 2012. As of the date of this Order, no Objections have been filed.
Upon independent review of the record, and upon consideration of the Magistrate Judge's Amended Report and Recommendation which is adopted as the opinion of this Court, IT IS HEREBY ORDERED that the Defendant's Motion to Dismiss the Amended Complaint [ECF No. 19] is GRANTED with prejudice as to all claims with the exception of those based on alleged Fourth Amendment violations. As to the Fourth Amendment claims, Geagan's Motion to Dismiss is DENIED.
___________
Joy Flowers Conti
United States District Judge
cc: Counsel of Record via CM-ECF
Christopher Batch
JY-7749
SCI-Somerset
1600 Walters Mill Road
Somerset, PA 15510