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Salamaca v. Musso

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA


November 16, 2009

ROMAN SALAMACA, BARBARA VANDERSLOOT, AND THE N.V. BAR AND GRILL, PLAINTIFFS
v.
JOSEPH MUSSO, OFFICER HERNANDEZ, OFFICER STEVEN BUFFINGTON, AND THE CITY OF YORK, DEFENDANTS

The opinion of the court was delivered by: Judge Conner

ORDER

AND NOW, this 16th day of November, 2009, upon consideration of the report (Doc. 15) of the magistrate judge, recommending that defendants' motion (Doc. 6) to dismiss be granted in part and denied in part, and, following an independent review of the record, it appearing that the complaint in the above-captioned matter requests relief under 42 U.S.C. § 1983 for Fourteenth Amendment violations, First Amendment retaliation, an unconstitutional search and seizure, and municipal liability arising pursuant to Monell v. Department of Social Services, 436 U.S. 658 (1978), (see Doc. 1; see also Doc. 15), that the magistrate judge's report recommends dismissal of plaintiffs' Fourteenth Amendment and Monell claims, (see Doc. 15 at 14, 17), as well as those claims based upon events that occurred on or before April 7, 2007, (see id. at 11-12), that neither party has objected to this recommendation, and that there is no clear error on the face of the record,*fn1 see Nara v. Frank, 488 F.3d 187, 194 (3d Cir. 2007) (explaining that "failing to timely object to [a report and recommendation] in a civil proceeding may result in forfeiture of de novo review at the district court level"), it is hereby ORDERED that:

1. The report and recommendation (Doc. 15) of the magistrate judge is ADOPTED.

2. Defendants' motion (Doc. 6) to dismiss is GRANTED in part and DENIED in part as follows:

a. The motion (Doc. 6) is GRANTED with respect to plaintiffs' claims arising under the Fourteenth Amendment, plaintiffs' municipal liability claims, and any claims based upon events preceding April 8, 2007. Plaintiffs may petition for leave to amend in accordance with the order of court (Doc. 18) dated August 21, 2009.

b. The motion is DENIED in all other respects.

3. The above-captioned matter is REMANDED to the magistrate judge for further proceedings.

CHRISTOPHER C. CONNER United States District Judge


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