The Court will dismiss Hector Leroy from this case for lack of personal jurisdiction.
Were the Court to determine that jurisdiction over Hector Leroy or his estate existed, the court would dismiss the Complaint against Hector Leroy as frivolous. Plaintiff's Section 1983 allegations against Hector Leroy are utterly frivolous and without any basis in law. See Polk County v. Dodson, 454 U.S. 312, 315, 70 L. Ed. 2d 509, 102 S. Ct. 445 (1982) (if the record does not disclose that a defendant acted under color of state law, the Section 1983 claim fails as a matter of jurisdiction).
In sum, defendants Murovich, Leroy, Japalucci, Ciszek, and Marsili are dismissed from this case. Inasmuch as all of Plaintiff's Motions are related to the above defendants, they are denied by the Court as moot.
An appropriate Order will be entered.
ORDER OF COURT
AND NOW this 8th day of October, 1992, for the reasons set forth in the Courts Memorandum Opinion of even date, it is hereby ORDERED that:
l. All of Plaintiff's pending motions relating to defendant Vincent Murovich (Document Nos. 48, 50, 73, 74, 77, 78, 79, 85, 86, 87, 88, 89, 92 and 94) are DENIED;
2. Defendant Donald Japalucci's motion to dismiss (Document No. 41) is GRANTED, and Defendant Donald Japalucci is DISMISSED WITH PREJUDICE from the above captioned case;
3. All motions relating to discovery requests concerning Defendant Donald Japalucci, (Document Nos. 32, 54, 55, 57, 77, 86, and 93), are DENIED AS MOOT.
4. All claims against Defendant Anthony G. Marsili are DISMISSED AS FRIVOLOUS, and Defendant Anthony G. Marsili is DISMISSED WITH PREJUDICE from the above captioned case;
5. All claims against Defendant Judith Ciszek are DISMISSED AS FRIVOLOUS, and Defendant Judith Ciszek is DISMISSED WITH PREJUDICE from the above captioned case;
6. Defendant Hector Leroy is DISMISSED from the above captioned case;
7. All of Plaintiff's remaining motions, (Document Nos. 26, 31, 37, 44, 45, 46, 47, 49, 51, 52, 53, 58, 59, 60, 61, 62, 63, 64, 65, 66, 67, 68, 69, 72, 80, 81, 82, 83, 84, 90, and 93), are DENIED AS MOOT.
Donald J. Lee, United States District Judge