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
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)..
More
ORDER
JOSEPH F. SAPORITO, JR., Magistrate Judge.
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.