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Davila v. Commonwealth

United States District Court, M.D. Pennsylvania

March 28, 2014

MIGUEL A. DAVILA, Plaintiff
v.
COMMONWEALTH OF PENNSYLVANIA, et. al., Defendants

ORDER

MALACHY E. MANNION, District Judge.

For the reasons discussed in the court's memorandum issued this same day, IT IS HEREBY ORDERED THAT:

(1) Judge Schwab's report and recommendation, (Doc. 185), is ADOPTED IN SUBSTANTIAL PART and NOT ADOPTED IN PART;
(2) The plaintiff's motions for entry of default, (Doc. 125), for default judgment, (Doc. 127), and for a preliminary injunction, (Doc. 182), are DENIED;
(3) The defendants' motions to dismiss, (Doc. 108, 133), are GRANTED;
(4) The plaintiff's claims for violations of the ADA and RA are DISMISSED;
(5) Any claim for punitive damages arising from the remaining ADA and RA claims is DISMISSED;
(6) Any claim for attorney's fees is DISMISSED;
(7) The clerk is directed to terminate the Lackawanna County Court of Common Pleas and the Lackawanna County Court Administrator's Office from this case;
(8) The plaintiff and remaining defendants are directed to file briefs by April 18, 2014 discussing the implication of Heck as to the plaintiff's claims arising from the criminal hearings and proceedings before the Lackawanna County Court of Common Pleas.

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