Kevin D. Marlowe v. Isabella Casillas Guzman, et al.

Summary

The United States District Court for the Middle District of Pennsylvania adopted a magistrate judge’s Report and Recommendation and dismissed Kevin D. Marlowe’s action without prejudice as moot. The court held that Marlowe’s Paycheck Protection Program loans had been forgiven and related debarments removed, leaving no ongoing controversy, and rejected his requests concerning court costs and reinstatement of former Senator Patrick Toomey as a defendant.

Holdings

1. The case was moot because Marlowe had received forgiveness of his PPP loans and removal of his debarments, and no ongoing or threatened injury remained for the court to remedy.
2. Marlowe's demand for a waiver or payment of court costs and fees did not preserve a live controversy or prevent dismissal as moot.
3. Senator Toomey would not be reinstated because criminal statutes generally do not create a private right of action.

Questions Presented

1. Whether the action became moot after Marlowe received forgiveness of his PPP loans and removal of the related debarments.
2. Whether Marlowe's requests for waiver or payment of court costs and fees preserved a live controversy.
3. Whether Senator Toomey should be reinstated as a defendant based on alleged violations of criminal statutes.

Disposition

dismissed