Matthews v. Barbour et al
| Tamenend Matthews |
| Sherry Barbour, Diane Yale, Lawrence Mahally and Justin Adams |
| 3:2018cv00515 |
| March 5, 2018 |
| US District Court for the Middle District of Pennsylvania |
| Scranton Office |
| Cumberland |
| William I. Arbuckle |
| Robert D. Mariani |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| None |
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Filing
21
ORDER ADOPTING 19 REPORT AND RECOMMENDATIONS. Plaintiff's Complaint is DISMISSED with prejudice. Clerk of Court directed to CLOSE this case.Signed by Honorable Robert D. Mariani on 12/11/19. (jam)
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Filing
18
ORDER ADOPTING AS MODIFIED 16 REPORT AND RECOMMENDATIONS. Plaintiff's Complaint (Doc. 1) is DISMISSED WITHOUT PREJUDICE. Plaintiff is granted leave to amend his Complaint within 28 days. Failure to amend may result in dismissal with prejudice. The case is REMANDED to Magistrate Judge Arbuckle for further proceedings consistent with this Order. Signed by Honorable Robert D. Mariani on 5/20/19. (jam)
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Filing
10
MEMORANDUM (Order to follow as separate docket entry). Plaintiff has not affirmatively alleged that he was held past his proper release date. He admits he is unsure how much time he was credited at his resentencing held on 2/2/2016, and therefore can not know whether he was released at the proper time. Plaintiff provides no facts that would permit me to conclude that any Defendants knew of a risk of prolonged incarceration or that any Defendant failed to prevent prolonged incarceration. Plaintiff has simply raised the possibility that he was perhaps held past an unknown release date. This is not enough to state a claim under Rule 8 or 12(b)(6), which require not only that allegations be possible, but plausible. Without sentencing records or at least an allegation that he was in fact held past his release date, this standard is not met. An appropriate Order will follow. Signed by Magistrate Judge William I. Arbuckle on 11/27/18. (ch1)
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