IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
August 14, 2012
TYLER HAMMOND AND ANTONIA HAMMOND, PLAINTIFFS,
CITY OF WILKES-BARRE, ET AL., DEFENDANTS.
The opinion of the court was delivered by: Judge Caputo
MAGISTRATE JUDGE METHVIN
NOW this 14th day of August, 2012, after consideration of Magistrate Judge Mildred E. Methvin's Report and Recommendation in this matter (Doc. 61), IT IS HEREBY ORDERED THAT the Report and Recommendation will be ADOPTED IN PART AND REJECTED IN PART as follows:
1. Count I will be DISMISSED WITH PREJUDICE;
2. Plaintiffs' claim for substantive due process under the Fourteenth Amendment will be DISMISSED WITH PREJUDICE;
3. Plaintiffs' claim for due process under the Fifth Amendment will be DISMISSED WITH PREJUDICE; and
4. Plaintiffs' official capacity claims against the individual defendants Leighton, Vinsko, and Glodzik are DISMISSED WITH PREJUDICE.
A. Richard Caputo United States District Judge
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