YOUST v. LANCASTER CITY BUREAU POLICE DEPT. et al
| 5:2020cv03287 |
| November 9, 2020 |
| US District Court for the Eastern District of Pennsylvania |
| Allentown Office |
| Prisoner Petitions: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
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Filing
36
ORDER THAT PLAINTIFFS CLAIMS ARE DISMISSED WITHOUT PREJUDICE FOR FAILURE TO PROSECUTE. DEFENDANTS PENDING MOTION TO COMPEL, ECF NO. 32 , IS DISMISSED AS MOOT. THIS MATTER IS CLOSED. SIGNED BY HONORABLE JOSEPH F. LEESON, JR ON 2/22/22. 2/22/22 ENTERED AND COPIES MAILED TO PRO SE AND E-MAILED.(mas)
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Filing
15
ORDER OF 7/20/21 THAT YOUST'S PETITION TO AMEND (ECF NO. 13) IS GRANTED. THEPROPOSED SECOND AMEND COMPALINT (ECF NO. 13-1 AT 1-20) IS DEEMED FILED. THE CLERK OF COURT IS DIRECTD TO DOCKET THE SECOND AMENDED COMPLAINT AS A NEW SEPARATE DOCKET ENT RY. ETC. THE CLERK OF COURST IS DIRECTED TO DOCKET YOUST'S APPLICATION FOR APPOINTMENT OF COUNSEL (ECF NO. 13-1 AT 21) AS A NEW SEPARATE DOCKET ENTRY ENTITLED APPLICATION FOR APPOINTMENT OF COUNSEL AFTER THE SECOND AMENDED COMPLAINT. FOR THE REA SONS STATED IN THE COURT'S MEMORANDUM, YOUST'S SECOND AMENDED COMPLAINT IS DISMISSED. FOR FAILURE TO STATE A CLAIM. ETC. THE CLERK OF COURT IS DIRECTED TO CORRECT THE CAPTION IN THIS MATTER TO REFLECT THE REMAINING DEFENDANTS ARE OFFICER ER IC LUKACAS AND MICHAEL DEITZ. THE CLERK OF COURT IS DIRECTED TO TERMINATE LT. JAMES SMITH, SGT. ROBERTO LOPEZ AND OFFICER RYAN YODER, AND THE CITY OF LANCASTER AS DEFENDANTS IN THIS ACTION. YOUSTS'S SECOND AMENDED COMPLAINT SHALL PROCEED WITH RE SPECT TO HIS FOURTH AMENDMENT FALSE ARREST AND EXCESSIVE FORCE CLAIMS ARISING FROMHIS ENCOUNTER WITH POLICE ON MAY 16, 20218 AGAINST DEFENDANT OFFICER ERIC LUKACS AND DEFENDANT OFFICER MICHAEL DEITZ IN THEIR INDIVIDUAL CAPACITIES. TO THE EXTEND YOUST BRINGS THESE CLAIMS UNDER THE FIFTH, EIGHTH, OR FOURTEENTH AMENDMENTS, THOSE CLAIMS ARE IDSMISSED WITH PREJUDICE. THE CLERK OF COURT SHALL ISSUE SUMMONSES FOR OFFICERS LUKUACS AND DEITZ. SERVICE OF THE SUMMONSES AND TEH SECOND AMENDED COMPLAINT, ALO NG WITH A COPY OF THIS ORDER AND ITS ACCOMPANYING MEMORANDUM SHALL BE MADE UPON DEFENDANTS OFFICERS LUKACS AND DEITZ BY THE U.S. MARSHALS SERVICE. YOUST WILL BE REQUIRED TO COMPLETE USM-28 FORMS THAT THE MARSHALS CAN SERVE THE DEFENDANTS. FAILURE TO COMPLETE THOS FORMS MAY RESULT IN DISMISSAL OF THIS CASE. ETC. SIGNED BY JUDGE: JOSEPH F. LEESON JR ON 7/20/21. 7/20/21 ENTERED. (DT) (COPY NOT MAILED TO PRO SE)
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Filing
9
MEMORANDUM AND/OR OPINION OF 11/9/20. SIGNED BY JUDGE: JOSEPH F. LEESON, JR ON 11/9/20. 11/9/20 ENTERED AND COPIES MAILED.(DT) Modified on 11/9/2020 (dt, ). Modified on 11/9/2020 (dt, ).
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