Farmer v. McVey, et al.
| Joseph W. Farmer |
| Nicholas Muller, Sean Ryan, Catherine C. McVey, Walter M. Phillips, Michael Webster, Gary Lucht, Benjamin Martinez, Jeffrey A. Beard, William Ward, Allen Castor, Barbara Descher, Richard Kipp, James Thomas, Donald Vaughn, David DiGuglielno, James Wynder and Michael Klopotoski |
| 4:2009cv00166 |
| January 27, 2009 |
| US District Court for the Middle District of Pennsylvania |
| Williamsport Office |
| Luzerne |
| James F. McClure |
| SF |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| None |
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Filing
57
MEMORANDUM AND ORDER 1.The Magistrate Judges Report and Recommendation (Doc. 54) is adopted in part;2.Defendants Motion to Dismiss (Doc. 29) is granted in part and denied in part;3.The motion is granted insofar as Plaintiffs Due Process Clause claim is dismissed and his Ex Post Facto Clause claim is dismissed in all respects other than the Violent Offenders Incarceration and Truth-In-Sentencing Act, 42 U.S.C. § 13704, et seq., basis asserted;4.All Defendants except the Pennsylvania Board o f Probation and Parole Defendants involved with Plaintiffs 2008 parole hearing are dismissed;5.Plaintiffs Ex Post Facto Clause claim goes forward only as it relates to the Violent Offenders Incarceration and Truth-In-Sentencing Act, 42 U.S.C. § 13704, et seq., in the context of Plaintiffs 2008 parole hearing against those Pennsylvania Board of Probation and Parole Defendants involved in that hearing;6.Defendants are directed to file a brief addressing the Violent Offenders Incarceration and Truth-In-Sentencing Act, 42 U.S.C. § 13704, et seq., aspect of Petitioners Ex Post Facto Clause claim within fourteen days of the date of this Order;7.Plaintiff may file a response to Defendants brief within fourteen days of service of that brief;8.This matter is remanded to Magistrate Judge Carlson for further consideration. Signed by Honorable Richard P. Conaboy on 2/28/11 (cc, )
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