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Stouffer v. Commonwealth of Pennsylvania

UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT


March 25, 1985

HERBERT L. STOUFFER, APPELLANT
v.
COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA STATE POLICE; DANIEL DUNN, COMMISSIONER, PENNSYLVANIA STATE POLICE; CYRIL LAFFEY, DEPUTY COMMISSIONER, PENNSYLVANIA STATE POLICE; EARL P. WRIGHT, MAJOR, PENNSYLVANIA STATE POLICE; LEWIS K. JOHNSON, CAPTAIN, PENNSYLVANIA STATE POLICE; THOMAS M. MADDEN, CAPTAIN, PENNSYLVANIA STATE POLICE; JOHN HARHIGH, DIRECTOR BUREAU OF PERSONNEL, PENNSYLVANIA STATE POLICE

Appeal from the United States District Court for the Western District of Pennsylvania (D.C. Civil Action No. 81-0291) District Judge: Honorable Joseph P. Willson

Before: SEITZ and HIGGENBOTHAM, Circuit Judges, and GILES, District Judge*fn*

Order JUDGMENT

This cause came on to be heard on the record from the United States District Court of Pennsylvania and was submitted under Third Circuit Rule 12(6) on March 18, 1985.

Appellant, Herbert L. Stouffer, contends that the district court erred in granting summary judgment in favor of the defendants/appellees in this action under 42 U.S.C. ยง 1983 for alleged violations of appellant's civil rights arising out of his court-martial and dismissal from the Pennsylvania State Police. Appellant further contends that the district court abused its discretion in refusing to allow discovery prior to entertaining the Commonwealth's motion to dismiss.

After consideration of all contentions by appellant, it is

ADJUDGED AND ORDERED that the judgment of the district court be and is hereby affirmed.

Costs taxed against appellant.


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