Slaughter v. Dauphin County Adult Probation et al

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IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
DANIEL L. SLAUGHTER,
Plaintiff,
v.
DAUPHIN COUNTY ADULT
PROBATION, et al.,
Defendants.
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Civil No. 1:24-CV-01170
Judge Jennifer P. Wilson
ORDER
Before the court is the report and recommendation of United States
Magistrate Judge Leo A. Latella recommending that the court grant Defendants’
motion to dismiss. (Doc. 90.) No party has filed objections to the report and
recommendation, resulting in the forfeiture of de novo review by this court. Nara
v. Frank, 488 F.3d 187, 194 (3d Cir. 2007) (citing Henderson v. Carlson, 812 F.2d
874, 878–79 (3d Cir. 1987)).
Following an independent review of the report and record, and affording
“reasoned consideration” to the uncontested portions of the report, EEOC v. City of
Long Branch, 866 F.3d 93, 100 (3d Cir. 2017) (quoting Henderson, 812 F.2d at
879), to “satisfy [the court] that there is no clear error on the face of the record,”
Fed. R. Civ. P. 72(b), advisory committee notes, the court finds that Judge
Latella’s analysis is well-reasoned and fully supported by the record and applicable
law. Accordingly, IT IS ORDERED THAT:
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1) The report and recommendation, Doc. 90, is ADOPTED.
2) Defendants’ motion to dismiss, Doc. 53, is GRANTED as follows:
a. 	Plaintiff’s 42 U.S.C. § 1983 claim is DISMISSED WITHOUT
PREJUDICE as to Dauphin County Adult Probation, Juli
Nicholson in her official capacity, and Kamela Banning in her
official capacity, as Eleventh Amendment immunity bars this
claim.
b. Plaintiff’s state law claims are DISMISSED WITHOUT
PREJUDICE.
c. 	Plaintiff’s Fourth Amendment false arrest claim is
DISMISSED WITHOUT PREJUDICE.
d. The remaining claims are DISMISSED WITH PREJUDICE.
3) Plaintiff is GRANTED leave to file a second amended complaint as
to the Fourth Amendment false arrest claim against Defendant
Kamela Banning only by March 23, 2026.
4) The Clerk of Court shall terminate Defendants Dauphin County Adult
Probation and Juli Nicholson from this case.
5) Plaintiff’s fifth motion to appoint counsel, Doc. 91, is DENIED
WITHOUT PREJUDICE.
6) This matter is referred back to Judge Latella for further pretrial
management.
s/Jennifer P. Wilson
JENNIFER P. WILSON
United States District Judge
Middle District of Pennsylvania
Dated: March 2, 2026
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