IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA
March 29, 2012
RANDY CARL HINKLEY
LEHIGH COUNTY CLERK OF COURTS, ET AL.
The opinion of the court was delivered by: Juan R. Sanchez, J.
AND NOW, this 28th day of March, 2012, it is ORDERED Defendants' Motion to Dismiss Plaintiff's Amended Complaint (Document 18) is GRANTED. Hinkley's § 1983 claims alleging violations of his Fifth, Eighth, and Fourteenth Amendment rights are dismissed without prejudice to Hinkley's right to refile these claims in the event he obtains relief on his pending federal habeas petition or obtains equivalent relief from his underlying criminal convictions or sentences in state court. Hinkley's § 1983 claim alleging violations of his First Amendment rights is dismissed with prejudice.
It is further ORDERED Hinkley's Motions for Summary Judgment (Documents 16, 19, and 20)*fn1 are DENIED as moot.
It is further ORDERED Hinkley's Ancillary Motion for Query (Document 21) is DENIED without prejudice to Hinkley's right to renew the motion in his federal habeas action.
The Clerk of Court is directed to mark this case CLOSED.
BY THE COURT:
Juan R. Sanchez