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Johnson v. Moran

United States District Court, Third Circuit

September 24, 2013

RONALD JOHNSON, Plaintiff,
v.
RICHARD E. MORAN, D.O., et al, Defendants.

MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION

SUSAN PARADISE BAXTER, Magistrate Judge.

I. RECOMMENDATION

It is respectfully recommended that:

- The motion to dismiss filed by Defendant Judge William Morgan [ECF No. 25] be granted;
- The motion to dismiss filed by Defendant Snavely [ECF No. 27] be granted;
- The motion to dismiss filed by Defendant Hatheway [ECF No. 29] be granted;
- The motion to dismiss filed by Defendant Dr. Richard Moran [ECF No. 32] be granted.

It is further recommended that Plaintiff's motion for leave to amend [ECF No. 31][1] and Plaintiff's motion for leave to file Second Amended Complaint [ECF No. 34] be denied as futile.

The Clerk of Courts should be directed to close this case.

II. REPORT

A. Relevant Procedural History

This case, originally filed by Plaintiff in the Crawford County Court of Common Pleas, was removed to this federal district court by Defendant Joel Snavely on December 18, 2012. Plaintiff generally asserts claims for violations of his constitutional rights. Named as Defendants to this action are: Richard E. Moran, D.O.; Joel Snavely, Esquire; Edward Hatheway, Esquire; and the Honorable William Morgan of the Crawford County Court of Common Pleas.

In response to the Original Complaint, each Defendant[2] filed a motion to dismiss. See ECF Nos. 5, 10, 14, and 17. Thereafter, Plaintiff filed the First Amended Complaint (ECF No. 24) and each Defendant filed a motion to dismiss the First Amended Complaint (see ECF Nos. 25, 27, 29, and 32).

In the First Amended Complaint, the operative complaint at this stage of the litigation[3], Plaintiff raises the following claims:

Count I - Retaliation against Hatheway
Count II - Retaliation against Snavely and Moran
Count III - Conspiracy against all 4 ...

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