Filed: Jan. 23, 2020
Latest Update: Jan. 23, 2020
Summary: ORDER MARK A. KEARNEY , District Judge . AND NOW, this 23 rd day of January 2020, upon considering the served Defendants' 1 Motions to dismiss (ECF Doc. Nos. 8, 10), absent a timely response, and for reasons in the accompanying Memorandum, it is ORDERED the served Defendants' Motions to dismiss (ECF Doc. Nos. 8, 10) are GRANTED: 1. Plaintiff's claims against Judges Kelly, Scanlon, and Krull, Attorneys Gorbey and Wagner, as well as his claims against each of the served Defendants ba
Summary: ORDER MARK A. KEARNEY , District Judge . AND NOW, this 23 rd day of January 2020, upon considering the served Defendants' 1 Motions to dismiss (ECF Doc. Nos. 8, 10), absent a timely response, and for reasons in the accompanying Memorandum, it is ORDERED the served Defendants' Motions to dismiss (ECF Doc. Nos. 8, 10) are GRANTED: 1. Plaintiff's claims against Judges Kelly, Scanlon, and Krull, Attorneys Gorbey and Wagner, as well as his claims against each of the served Defendants bar..
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ORDER
MARK A. KEARNEY, District Judge.
AND NOW, this 23rd day of January 2020, upon considering the served Defendants'1 Motions to dismiss (ECF Doc. Nos. 8, 10), absent a timely response, and for reasons in the accompanying Memorandum, it is ORDERED the served Defendants' Motions to dismiss (ECF Doc. Nos. 8, 10) are GRANTED:
1. Plaintiff's claims against Judges Kelly, Scanlon, and Krull, Attorneys Gorbey and Wagner, as well as his claims against each of the served Defendants barred by Heck v. Humphrey,2 are dismissed with prejudice as an amendment to allege claims against judges and prosecutors arising from two criminal convictions in state court is futile;
2. Plaintiff's remaining claims against Delaware County and Detective Tyler are dismissed without prejudice to him filing an amended complaint possibly alleging claims not barred by immunities or Heck v. Humphrey no later February 24, 2020, and absent timely amendment, we will dismiss Delaware County and Detective Tyler with prejudice;
3. Plaintiff's claims against the Commonwealth await service of the summons and Complaint by February 19, 2020; and,
4. To proceed against Attorney Gebhart, Plaintiff shall, on or before February 19, 2020, file an affidavit of service explaining how and when he served the summons and complaint upon Attorney Gebhart.
