IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
November 29, 2010
TRAVIS SCOTT ERB,
WILLIAM SULLIVAN, LESLIE A. FILLAK, AND LEBANON COUNTY, DEFENDANTS
The opinion of the court was delivered by: (Judge Conner)
AND NOW, this 29th day of November, 2010, upon consideration of the report of United States Magistrate Judge Malachy E. Mannion (Doc. 30), recommending that the Motion to Dismiss filed on behalf of Defendant Leslie A. Fillak (Doc. 10) and the Motion to Dismiss filed on behalf of Defendants William Sullivan and Lebanon County (Doc. 16) be granted, and, following an independent review of the record and noting that plaintiff filed objections*fn1 to the report on September 24, 2010 (Doc. 31), and the court finding Judge Mannion's analysis to be thorough and well-reasoned, and the court finding plaintiff's objections to be without merit and squarely addressed by Judge Mannion's report, it is hereby ORDERED that:
1. The Report of Magistrate Judge Mannion (Doc.30) is ADOPTED in its entirety.
2. The Recommendation of the Magistrate Judge is ADOPTED in part and DENIED in part.
3. The Motion to Dismiss filed on behalf of Defendant Fillak (Doc. 10) is GRANTED. Leave to Amend is denied as futile.
4. The Motion to Dismiss filed on behalf of Defendants Sullivan and Lebanon County (Doc. 16) is GRANTED. Leave to Amend the Complaint as to Defendant Sullivan is denied as futile. Leave to Amend the Complaint as to the Monell claim against Lebanon County is GRANTED.*fn2 Plaintiff shall file an amended complaint clearly articulating the offending policy or custom of Lebanon County, the municipal policymaker and all applicable elements of this Monell claim within twenty (20) days of the date of this order. Failure to file an amended complaint shall be deemed an abandonment of the claim and the case shall be dismissed in its entirety.
S/ Christopher C. Conner
CHRISTOPHER C. CONNER United States District Judge