Opinion
3:22-CV-1516
02-23-2023
JADEN MONCHE, Plaintiff v. JERRY GRILL, et al., Defendants
ORDER
ROBERT D. MARIANI, UNITED STATES DISTRICT JUDGE
AND NOW, THIS 23rd DAY OF FEBRUARY, 2023, upon review of Magistrate Judge William Arbuckle's Report & Recommendation (“R&R”) (Doc. 14) for clear error or manifest injustice, IT IS HEREBY ORDERED THAT:
1. The R&R (Doc. 14) is ADOPTED for the reasons stated therein.
Upon review of the Lackawanna County Court of Common Pleas' docket sheet for case number CP-35-CR-0002339-2020, charging Mr. Monche for the crimes underlying his current civil complaint, this Court notes that, on December 13, 2022, Mr. Monche pleaded guilty to 18 Pa. C.S.A. § 2702(a)(4) for Aggravated Assault - Attempts to Cause or Causes Bodily Injury with a Deadly Weapon and was sentenced to a term of confinement of 964 days. All other charges against Mr. Monche were nolle prossed. Thus, in addition to the reasons set forth by Magistrate Judge Arbuckle supporting dismissal of Plaintiffs Complaint, the Court notes that many of Plaintiffs claims must also be dismissed as barred under Heck v. Humphrey, 512 U.S. 477 (1994).
2. Plaintiff's action is DISMISSED without leave to amend.
3. The Clerk of Court is directed to CLOSE this action.