The opinion of the court was delivered by: (Judge Conner)
(Magistrate Judge Mannion)
On January 25, 2010, plaintiff Paul H. Cizek, proceeding pro se, commenced this civil action by filing a Writ of Quo Warrantor, which we will liberally construe as a civil complaint. (Rec. Doc. No. 1). Defendants are Mary G. Davis, Thomas R. Shaffer, John B. Leete and Potter County Government Officials. In his complaint, Cizek questions the authority of the Potter County government to tax several of his properties, then subsequently seize and sell said properties and amend the deeds post-sale to include oil and gas interests to the mineral rights deed. Cizek alleges that the seizure and sale of the properties and their accompanying mineral rights was a violation of his civil rights. Attached to his complaint are several exhibits related to the seizure and sale of his properties and mineral rights.
On April 14, 2010, defendants Davis and Shaffer filed a motion to dismiss. (Rec. Doc. No. 12). A supporting brief was filed April 28, 2010. (Rec. Doc. No. 14). On May 4, 2010, Cizek filed "Judicial Notice # 1," which we will construe as an opposing brief. (Rec. Doc. No. 15). No reply brief was filed.
On May 4, 2010, Cizek filed a Motion to Reconsider the court's order dated April 9, 2010 on the subject of recusal. (Rec. Doc. No. 16). Because the reasons for his motion are fully set forth in the motion, we will waive the requirements for a supporting brief and address the motion on its merits.
On June 1, 2010, defendant Leete filed a motion to dismiss. (Rec. Doc. No. 23). Prior to Leete's filing of a supporting brief, Cizek filed his opposing brief on June 8, 2010. (Rec. Doc. No. 24). Leete subsequently filed his supporting brief on June 11, 2010. (Rec. Doc. No. 25). Cizek then filed a responsive brief on June 23 ,2010. (Rec. Doc. No. 26).
On July 28, 2010, the Potter County Government Officials filed a motion to dismiss along with a supporting brief. (Rec. Doc. Nos. 29 and 30). Cizek filed his opposing brief on August 4, 2010. (Rec. Doc. No. 31). A reply brief was filed by the Potter County Government officials along with Davis and Shaffer (who by this point in time are being represented by the same attorney as the Potter County Government Officials). Cizek filed a sur-reply brief on August 16, 2010. (Rec. Doc. No. 33).
On November 29, 2010, Magistrate Judge Mannion issued an eleven-page report and recommendation recommending that the three motions to dismiss be granted and the case dismissed. (Rec. Doc. No. 34). On December 8, 2010, Cizek filed his objections. (Rec. Doc. No. 35). Thus the matter is ripe for disposition.
Now, therefore, we will adopt the report and recommendation of the magistrate judge, and grant the defendants motions to dismiss. We will also deny Cizek's motion for reconsideration as moot.
1. Motion for Reconsideration
Cizek filed his motion for reconsideration asking the court to reconsider Judge McClure's denial of Cizek's request for McClure's recusal. Due to the unfortunate and untimely death of Judge McClure, the case has been ...