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Wade v. Monroe County District Attorney, 3:15-cv-00584. (2019)

Court: District Court, M.D. Pennsylvania Number: infdco20190514c62 Visitors: 7
Filed: May 13, 2019
Latest Update: May 13, 2019
Summary: ORDER JOSEPH F. SAPORITO, JR. , Magistrate Judge . AND NOW, this 13 th day of May, 2019 , in accordance with the accompanying Memorandum, IT IS HEREBY ORDERED THAT : 1. Count II of the complaint (access to courts) shall be DISMISSED without prejudice for failure to state a claim upon which relief can be granted, pursuant to 28 U.S.C. 1915A(b)(1); 2. The Clerk is directed to enter JUDGMENT in favor of the plaintiff with respect to Count I of the complaint (procedural due process
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ORDER

AND NOW, this 13th day of May, 2019, in accordance with the accompanying Memorandum, IT IS HEREBY ORDERED THAT:

1. Count II of the complaint (access to courts) shall be DISMISSED without prejudice for failure to state a claim upon which relief can be granted, pursuant to 28 U.S.C. § 1915A(b)(1);

2. The Clerk is directed to enter JUDGMENT in favor of the plaintiff with respect to Count I of the complaint (procedural due process), pursuant to Rule 58 of the Federal Rules of Civil Procedure;

3. The defendants shall take all steps reasonably necessary to preserve: the physical evidence taken from the victim's body, including fingernails of the victim and any scrapings from those fingernails; the yellow turtleneck sweater worn by the victim and which had a bloodstain on the neck and body of the sweater; the lavender leather coat; the bra, underpants, pantyhose, and shoes of the victim; the trash bag in which the body of the victim was found; the contents of the lavender coat of the victim; and the inventory of the items found in the lavender coat;

4. The defendants shall produce the evidence described in the preceding paragraph to the plaintiff for inspection and touch DNA testing;

5. The defendants shall cooperate with the plaintiff in selecting a qualified laboratory for touch DNA testing of the evidence described in paragraph 3; and

6. Within sixty (60) days after the date of this Order, the parties shall file a joint status report with respect to their progress or performance under paragraphs 3, 4, and 5 of this Order.

Source:  Leagle

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