Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.

Howze v. Moule

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


February 8, 2010

LEONARD HOWZE, JR., AND DIONNE L. STREET, AS PARENTS AND NATURAL GUARDIANS OF LDH, THEIR SON, A MINOR, PLAINTIFFS
v.
MARC DAVID MOULE, INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY AS AN EMPLOYEE AND AGENT OF THE CITY OF HARRISBURG, CHARLES KELLER, INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY AS AN EMPLOYEE AND AGENT OF THE CITY OF HARRISBURG, STEPHEN R. REED, INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY AS AN EMPLOYEE AND AGENT OF THE CITY OF HARRISBURG, AND CITY OF HARRISBURG, DEFENDANTS

The opinion of the court was delivered by: Christopher C. Conner United States District Judge

(Judge Conner)

ORDER

AND NOW, this 8th day of February, 2010, upon consideration of the motions (Docs. 25, 27) for partial dismissal of plaintiffs' complaint, and upon further consideration of the report of the magistrate judge (Doc. 34), recommending that the motions (Docs. 25, 27) be granted, and, following an independent review of the record, it appearing that plaintiffs concur in the dismissal of Counts 6-10, 12-14, 17-19, and those parts of Counts 15 and 20 against defendants City of Harrisburg, Reed, and Keller, from the complaint, and that the magistrate judge recommends dismissal of the same portions of plaintiffs' complaint, and it further appearing that neither party has objected to the magistrate judge's report and recommendation,*fn1 and that there is no clear error on the face of the record,*fn2 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 of the magistrate judge (Doc. 34) is ADOPTED.

2. The following portions of the complaint are DISMISSED: Counts 6-10, 12-14, 17-19, and those parts of Counts 15 and 20 against defendants City of Harrisburg, Reed, and Keller

3. The case is REMANDED to the magistrate judge for further proceedings.


Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.