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Christopher L. Stine v. Pennsylvania State Police

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


May 25, 2011

CHRISTOPHER L. STINE,
PLAINTIFF
v.
PENNSYLVANIA STATE POLICE,
BUREAU OF LIQUOR CONTROL
ENFORCEMENT, ET AL., DEFENDANTS

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

Judge Conner

ORDER AND NOW, this 25th day of May, 2011, upon consideration of the Report and Recommendation of United States Magistrate Judge William T. Prince (Doc. 78), recommending that defendants' motion to dismiss (Doc. 65) be granted to the extent it seeks dismissal of the claims for violations of substantive due process and denied to the extent that it seeks dismissal of claims for violations of procedural due process, and, following an independent review of the record and noting that defedants filed objections*fn1 to the report on May 6, 2011 (Doc. 81), and the court finding Judge Prince's analysis to be thorough and well-reasoned, and the court finding defendants' objections to be without merit and squarely addressed by Judge Prince's report, it is hereby ORDERED that:

1. The report and recommendation of Magistrate Judge Prince (Doc. 78) are ADOPTED.

2. Defendants' motion to dismiss (Doc. 65) plaintiff's claims under the Due Process Clause of the Fourteenth Amendment is GRANTED to the extent that it seeks dismissal of claims for violations of substantive due process, and DENIED to the extent that it seeks dismissal of claims for violations of procedural due process.


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