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Jimmy Murphy v. Mifflin County Regional Police Dept.

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


March 9, 2011

JIMMY MURPHY,
PLAINTIFF
v.
MIFFLIN COUNTY REGIONAL POLICE DEPT., CPL. ROBERT L. HAINES, JR., LT. STEVE KNUDSON, PTLM. ETTINGER AND CHIEF WILLIAM HERKERT, JR., DEFENDANTS

The opinion of the court was delivered by: Judge Conner

ORDER

AND NOW, this 9th day of March, 2011, upon consideration of the Report and Recommendation of United States Magistrate Judge Malachy E. Mannion (Doc. 51), recommending that defendants' motion to dismiss (Doc. 23) plaintiff's amended complaint be denied in part and granted in part, and defendants' motion for protective order (Doc. 39) be dismissed, and, following an independent review of the record and noting that defendants filed objections*fn1 to the report on January 17, 2011 (Doc. 54), and the court finding Judge Mannion's analysis to be thorough and well-reasoned, and the court finding defendants' objections to be without merit and squarely addressed by Judge Mannion's report (Doc. 51), it is hereby ORDERED that:

1. The Report and Recommendation of Magistrate Judge Mannion (Doc. 51) are ADOPTED.*fn2

2. Defendants' motion to dismiss (Doc. 23) is GRANTED in part and DENIED in part as follows:

(a) Defendants' motion to dismiss is GRANTED on plaintiff's claims for equitable relief. Leave to amend is denied as futile.

(b) Defendants' motion to dismiss is GRANTED on plaintiff's Fourteenth Amendment racial profiling. Plaintiff is granted leave to amend within twenty-one (21) days from the date of this order.

(c) In all other respects, defendants' motion to dismiss is DENIED.

3. Defendants' motion for protective order (Doc. 39) is DISMISSED as moot.

4. This matter is REMANDED to the Honorable Malachy E. Mannion for pretrial proceedings and trial upon consent therefor.

CHRISTOPHER C. CONNER United States District Judge


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