Opinion
3:22-CV-237
03-27-2023
CHRISTOPHER ZOMERFELD, Plaintiff v. KINGSTON TWP. POLICE, et al. Defendants,
ORDER
ROBERT D. MARIANI UNITED STATES DISTRICT JUDGE
AND NOW, THIS 27th DAY OF MARCH, 2023, upon review of Magistrate Judge Joseph Saporito's Report & Recommendation (“R&R”) (Doc. 26) for clear error or manifest injustice, IT IS HEREBY ORDERED THAT:
1. The R&R (Doc. 26) is ADOPTED for the reasons stated therein.
The Court adopts the R&R in full. However, upon review of the Complaint, even under the most liberal construction, Plaintiff has not sufficiently alleged a First Amendment violation with respect to his temporary ban from certain Kingston Township buildings arising out of the letter issued by Kingston Township Manager Kathleen Sebastian, nor does his Complaint even attempt to do so. Nonetheless, it appears to the Court that both the Defendants and the Magistrate Judge, in an attempt to identify potential causes of action that do not appear in Plaintiffs Complaint but could be associated, albeit in the most attenuated fashion, with the terse and cryptic statements made summarily by Plaintiff in his Complaint, have analyzed Plaintiffs filings and presented analyses of Plaintiffs possible claims, to which Plaintiff has made no attempt to respond at any time during these proceedings.
2. Defendants' Motion to Dismiss or for Summary Judgment (Doc. 17) is GRANTED.
3. Judgment is entered IN FAVOR OF Defendants and AGAINST Plaintiff with respect to Plaintiff's First Amendment retaliation and Fourteenth Amendment due process claims.
4. All other federal claims set forth in Plaintiffs Complaint are DISMISSED WITH PREJUDICE for failure to state a claim upon which relief can be granted.
5. The Court, having disposed of all of Plaintiffs federal law claims, declines to exercise supplemental jurisdiction. Plaintiffs state law tort claims are therefore DISMISSED WITHOUT PREJUDICE.
6. The Clerk of Court is directed to CLOSE this action.