Estate of Guziewicz v. Magnotta, 3:14-cv-01742. (2019)
Court: District Court, M.D. Pennsylvania
Number: infdco20190705d09
Visitors: 5
Filed: Jul. 03, 2019
Latest Update: Jul. 03, 2019
Summary: ORDER A. RICHARD CAPUTO , District Judge . NOW, this 3 rd day of July, 2019, IT IS HEREBY ORDERED that: (1) The Report and Recommendation (Doc. 93) is ADOPTED. (2) Defendant's Motion for Summary Judgment (Doc. 79) is DENIED. (3) Plaintiff's state law claim for abuse of process (Counts IV, VII of the Amended Complaint) is DISMISSED with prejudice for failure to state a claim upon which relief can be granted, pursuant to 28 U.S.C. 1915(e)(2)(B)(ii). (4) Plaintiff's claims for
Summary: ORDER A. RICHARD CAPUTO , District Judge . NOW, this 3 rd day of July, 2019, IT IS HEREBY ORDERED that: (1) The Report and Recommendation (Doc. 93) is ADOPTED. (2) Defendant's Motion for Summary Judgment (Doc. 79) is DENIED. (3) Plaintiff's state law claim for abuse of process (Counts IV, VII of the Amended Complaint) is DISMISSED with prejudice for failure to state a claim upon which relief can be granted, pursuant to 28 U.S.C. 1915(e)(2)(B)(ii). (4) Plaintiff's claims for ..
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ORDER
A. RICHARD CAPUTO, District Judge.
NOW, this 3rd day of July, 2019, IT IS HEREBY ORDERED that:
(1) The Report and Recommendation (Doc. 93) is ADOPTED.
(2) Defendant's Motion for Summary Judgment (Doc. 79) is DENIED.
(3) Plaintiff's state law claim for abuse of process (Counts IV, VII of the Amended Complaint) is DISMISSED with prejudice for failure to state a claim upon which relief can be granted, pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii).
(4) Plaintiff's claims for false arrest under 42 U.S.C. § 1983 (Counts II, VII of the Amended Complaint) and intentional infliction of emotional distress under state law (Counts V, VII of the Amended Complaint) are DISMISSED with prejudice as legally frivolous and for failure to state a claim upon which relief can be granted, pursuant to 28 U.S.C. §§ 1915(e)(2)(B)(i), (ii).
(5) The Matter is placed on this Court's September 2019 trial list.
Source: Leagle
