Donahue v. Superior Court of Pennsylvania, 3:18-1531. (2019)
Court: District Court, M.D. Pennsylvania
Number: infdco20190226e37
Visitors: 7
Filed: Feb. 25, 2019
Latest Update: Feb. 25, 2019
Summary: ORDER MALACHY E. MANNION , District Judge . In light of the memorandum issued this same day, IT IS HEREBY ORDERED THAT: (1) The report and recommendation of Judge Mehalchick, (Doc. 21) , is ADOPTED IN ITS ENTIRETY ; (2) The plaintiff's motion for leave to proceed in forma pauperis , (Doc. 2) , is GRANTED solely for the purpose of the filing of his complaints; (3) The plaintiff's proposed second amended complaint, (Docs. 14-1 & 14-2) , is DISMISSED as improperly filed, and
Summary: ORDER MALACHY E. MANNION , District Judge . In light of the memorandum issued this same day, IT IS HEREBY ORDERED THAT: (1) The report and recommendation of Judge Mehalchick, (Doc. 21) , is ADOPTED IN ITS ENTIRETY ; (2) The plaintiff's motion for leave to proceed in forma pauperis , (Doc. 2) , is GRANTED solely for the purpose of the filing of his complaints; (3) The plaintiff's proposed second amended complaint, (Docs. 14-1 & 14-2) , is DISMISSED as improperly filed, and t..
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ORDER
MALACHY E. MANNION, District Judge.
In light of the memorandum issued this same day, IT IS HEREBY ORDERED THAT:
(1) The report and recommendation of Judge Mehalchick, (Doc. 21), is ADOPTED IN ITS ENTIRETY;
(2) The plaintiff's motion for leave to proceed in forma pauperis, (Doc. 2), is GRANTED solely for the purpose of the filing of his complaints;
(3) The plaintiff's proposed second amended complaint, (Docs. 14-1 & 14-2), is DISMISSED as improperly filed, and the State Court Defendants' motion to dismiss this proposed pleading, (Doc. 15), is therefore DENIED AS MOOT;
(4) The State Court Defendants' motion to dismiss, (Doc. 12), plaintiff's original amended complaint, (Doc. 11), is GRANTED, and all claims asserted against the State Court Defendants are DISMISSED WITH PREJUDICE, as barred by Eleventh Amendment immunity;
(5) The remainder of plaintiff's amended complaint, (Doc. 11), against the remaining defendants, is DISMISSED IN ITS ENTIRETY, as specified in the foregoing memorandum, pursuant to 28 U.S.C. §1915(e)(2)(B);
(6) The plaintiff's request for appointment of counsel is DENIED AS MOOT;
(7) The plaintiff's objections to Judge Mehalchick report, (Docs. 24 & 25), are OVERRULED;
(8) The plaintiff is DENIED leave to file a second amended complaint based on futility; and
(9) The clerk of court is directed to CLOSE this case.
Source: Leagle
