District Court

MEMORANDA AND ORDERS

AUGUST 06, 2024

BY PAPPERT, J.

USA v. Carter; 16-019; Under the amended Guidelines, Carter receives one rather than two status points, reducing his total criminal history score to 10. Nevertheless, a score of 10 also places him in category V, which applies to defendants who receive 10 to 12 criminal history points and his guideline range remains 210 to 262 months.

BY KEARNEY, J.

Smith v. Salamon, et al; 21-2636; We approve and adopt Judge Hey�s detailed Report and Recommendation. We deny Mr. Smith�s habeas petition with prejudice, deny an evidentiary hearing, and deny a certificate of appealability.

Gebre v. Philadelphia Works, Inc.; 24-987; We grant summary judgment dismissing the race-based discrimination claim with prejudice. We decline to exercise supplemental jurisdiction allowing Ms. Gebre to file suit in state court raising timely claims under Pennsylvania law.

BY SANCHEZ, J.

Bagley v. Upper Darby Township et al; 23-1747; Bagley has failed to provide any evidence which would allow a reasonable factfinder to conclude Upper Darby treated him differently than others similarly situated because he is African American. In the absence of a constitutional violation, Bagley�s Monell claim necessarily fails. Accordingly, Upper Darby�s motion for summary judgment will be granted in full.

Stanley v. Little et al; 23-4571; Stanley cannot cure his procedural default, and because he does not have standing to seek injunctive relief, the Court concludes amendment would be futile. See Shane v. Fauver, 213 F.3d 113, 115 (3d Cir. 2000). Therefore, the Court will not grant Stanley leave to amend.

BY BEETLESTONE, J.

Roma v. Prospect Medical Holdings, Inc.; 23-3216; For the foregoing reasons, Prospect�s Motion to Dismiss will be granted in part and denied in part.

BY GALLAGHER, J.

Harrison-El v. Dr. Doe et al; 23-4725; The foregoing reasons, Harrison-El�s Motion will be denied, his AC will be stricken, and this case will remain closed.

BY YOUNGE, J.

Abira Medical Laboratories LLC v. Transportation Insurance Company, Inc.; 24-441; The foregoing reasons, Defendant�s Motion to Strike is Granted.

BY SLOMSKY, J.

Barbor et al v. State Farm Fire and Casualty Company; 24-521; The foregoing reasons, the Motion to Dismiss Count II of the Second Amended Complaint (Doc. No. 18) will be granted. The Court will dismiss Count II of the Second Amended Complaint without prejudice. Plaintiffs shall file a Third Amended Complaint, if deemed appropriate, pursuant to Federal Rule of Civil Procedure 15(a) by August 20, 2024.

BY LEESON, JR., J.

Burgess v. Reading Parking Authority; 23-3390; The reasons set forth above, the Motion to Dismiss is denied in part and granted in part. Burgess�s claims are dismissed without prejudice for failure to state a claim.