Miles v. Krowiak

Full title: DONALD MILES, Plaintiff, v. KROWIAK, et al., Defendants.

Court: United States District Court, Middle District of Pennsylvania

Date published: Jun 9, 2021

3:19-CV-2091 (M.D. Pa. Jun. 9, 2021)

Opinion

3:19-CV-2091

06-09-2021

DONALD MILES, Plaintiff, v. KROWIAK, et al., Defendants.

Robert D. Mariani United States District Judge.

ORDER

Robert D. Mariani United States District Judge.

AND NOW, THIS 9^th DAY OF JUNE 2021, upon cfe novo review of Magistrate Judge Susan Schwab's Report and Recommendation ("R&R") (Doc. 27), IT IS HEREBY ORDERED THAT:

1. For the reasons set forth in this Court's accompanying Memorandum Opinion, the R&R (Doc. 27) is ADOPTED AS MODIFIED.

2. Defendant's Objections (Doc. 28) are OVERRULED.

3. The Motion to Dismiss filed by Defendants Barrasse and Corbett (Doc. 9) is GRANTED and Plaintiffs claims against Defendants Barrasse and Corbett are DISMISSED WITH PREJUDICE.

4. The Motion to Dismiss filed by Defendant Toczydlowski (Doc. 22) is GRANTED and Plaintiffs claims against Defendant Toczydlowski are DISMISSED WITH PREJUDICE.

5. The Motion to Dismiss filed by Defendants Krowiak, Powell, Gallagher, Zech and Munley (Doc. 7) is GRANTED as to Defendants Krowiak, Powell and Gallagher, and Plaintiffs claims against such defendants are DISMISSED WITH PREJUDICE. The Motion is REMANDED to Magistrate Judge Schwab for further consideration as to Defendants Zech and Munley.

6. The Motion to Dismiss filed by Defendant Lackawanna County (Doc. 15) is REMANDED to Magistrate Judge Schwab for further consideration.