TATE v. MAYOR SCHEMBER et al
| AMOS TATE |
| MAYOR SCHEMBER, ERIE POLICE TRAFFIC DIVISION CAPTAIN, OWNERS OF MCMILLAN TOWING and ERIE PA SOLICITOR BETZA |
| 1:2019cv00179 |
| June 21, 2019 |
| US District Court for the Western District of Pennsylvania |
| Susan Paradise Baxter |
| Civil Rights: Other |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
Docket Report
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Filing 14
MEMORANDUM OPINION & ORDER. IT IS HEREBY ORDERED that Plaintiffs motion for leave to proceed in forma pauperis is GRANTED, and the clerk is directed to file the complaint. Plaintiff's claims re: violation of substantive due process rights and intentional infliction of emotional distress are DISMISSED WITH PREJUDICE. Plaintiff's claims re: procedural due process are dismissed without prejudice. If Plaintiff wishes to amend and replead his procedural due process claim he must do so by 09/13/19. Plaintiff must also submit completed USM-285 for each Defendant identified in the amended complaint. #8 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by ERIE PA SOLICITOR BETZA, MAYOR SCHEMBER, ERIE POLICE TRAFFIC DIVISION CAPTAIN is GRANTED to the extend that the Defendants seek dismissal of Plaintiff's claims consistent with the terms of this Order. The Motion is otherwise DENIED. It IS FURTHER ORDERED THAT #3 MOTION Temporary Injunction filed by AMOS TATE is DENIED. Signed by Judge Susan Paradise Baxter on 08/16/19. (esa)
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| Filing 13 MOTION for Extension of Time to File Response/Reply as to #12 Objections by ERIE PA SOLICITOR BETZA, ERIE POLICE TRAFFIC DIVISION CAPTAIN, MAYOR SCHEMBER. (Attachments: #1 Proposed Order) (Collura, Elizabeth) |
| Filing 12 OBJECTIONS to #8 Motion to Dismiss for Failure to State a Claim by AMOS TATE. (jd) |
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Filing 10
ORDER re #8 Motion to Dismiss for Failure to State a Claim filed by ERIE PA SOLICITOR BETZA, MAYOR SCHEMBER, ERIE POLICE TRAFFIC DIVISION CAPTAIN. Plaintiff's Response to Motion due by 8/12/2019. Signed by Judge Susan Paradise Baxter on 07/29/19. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (esa)
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| Filing 9 BRIEF in Support re #8 Motion to Dismiss for Failure to State a Claim filed by ERIE PA SOLICITOR BETZA, ERIE POLICE TRAFFIC DIVISION CAPTAIN, MAYOR SCHEMBER. (Attachments: #1 Exhibit A) (Collura, Elizabeth) |
| Filing 8 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by ERIE PA SOLICITOR BETZA, ERIE POLICE TRAFFIC DIVISION CAPTAIN, MAYOR SCHEMBER. (Attachments: #1 Proposed Order Order) (Collura, Elizabeth) |
| Filing 7 BRIEF in Opposition re #3 Motion for Miscellaneous Relief filed by ERIE PA SOLICITOR BETZA, ERIE POLICE TRAFFIC DIVISION CAPTAIN, MAYOR SCHEMBER. (Collura, Elizabeth) |
| Filing 6 NOTICE of Appearance by Elizabeth Farina Collura on behalf of ERIE PA SOLICITOR BETZA, ERIE POLICE TRAFFIC DIVISION CAPTAIN, MAYOR SCHEMBER. (Collura, Elizabeth) |
| Filing 5 AFFIDAVIT in Support by AMOS TATE. (elt) |
| Filing 3 MOTION for Temporary Injunction by AMOS TATE. (jd) |
| Filing 4 BRIEF in Support re #3 Motion for Temporary Injunction filed by AMOS TATE. (jd) |
| Filing 2 CONSENT to Trial/Jurisdiction by US Magistrate Judge OR District Judge Option, by AMOS TATE. (jd) |
| Filing 1 MOTION for Leave to Proceed in forma pauperis by AMOS TATE. (Attachments: #1 COMPLAINT LODGED PENDING RULING ON IFP, #2 Exhibit) (jd) |
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