Monche v. Grill ( 2023 )

THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA JADEN MONCHE, Plaintiff V. : 3:22-CV-1516 : (JUDGE MARIANI) JERRY GRILL, et al, Defendants ORDER ( AND NOW, THIS 3k DAY OF FEBRUARY, 2023, upon review of Magistrate Judge William Arbuckle’s Report & Recommendation (“R&R”) (Doc. 14) for clear error or manifest injustice, IT IS HEREBY ORDERED THAT: 1. The R&R (Doc. 14) is ADOPTED for the reasons stated therein.’ 2. Plaintiff's action is DISMISSED without leave to amend. 3. The Clerk of Court is directed to CLOSE this action, □ (Wusli Rahert D. Mariant United States District Judge 1 Upon review of the Lackawanna County Court of Common Pleas’ docket sheet for case numer CP-35-CR-0002339-2020, charging Mr. Monche for the crimes underlying his current civil complaint, this Court notes that, on December 13, 2022, Mr. Monche pleaded guilty to 18 Pa. C.S.A. § 2702(a)(4) for Aggravated Assault - Attempts to Cause or Causes Bodily Injury with a Deadly Weapon and was sentenced to a term of confinement of 964 days. All other charges against Mr. Monche were nolle prossed. Thus, in addition to the reasons set forth by Magistrate Judge Arbuckle supporting dismissal of Plaintiff's Complaint, the Court notes that many of Plaintiffs claims must also be dismissed as barred under Heck v. Humphrey, 512 U.S. 477 (1994).