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15-24438 - Harvey v. United States of America et al


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15-24438 - Harvey v. United States of America et al
March 1, 2016
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REPORT AND RECOMMENDATIONS on 42 USC 1983 case re 1 Complaint 42 USC 1983 or Bivens, filed by Joseph Harvey. Recommending that the Fourth Amendment claim by Joseph Harvey for illegal seizure of three laptop computers proceed against United States Postal Inspector Claudia Angel in her individual capacity, and that the remaining claims be dismissed for failure to state a claim upon which relief can be granted, and for seeking monetary relief against a defendant who is immune from such relief pursuant to 28 U.S.C. ยง 1915(e)(2)(B)(ii) and (iii. Objections to R&R due by 3/18/2016 Signed by Magistrate Judge Patrick A. White on 2/29/2016. (tw)
March 31, 2016
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ORDER ADOPTING IN PART 19 REPORT AND RECOMMENDATIONS. All claims brought on behalf of Anja Kannell are dismissed; all FTCA claims are dismissed with prejudice; all claims regarding conduct prior to 11/19/2011 are dismissed; all claims against Defendant Watts-Fitzgerald for malicious prosecution claims are dismissed with prejudice, and the civil conspiracy claims is dismissed; claims against Jan Smith and Leonard Spitale are dismissed; the conspiracy claims are dismissed. Plaintiff has until 4/29/16 to file an amended complaint. Please see order for details. Signed by Judge Cecilia M. Altonaga on 3/30/2016. (ps1)