A civil suit by a Penn Forest Township resident against a county employee has been dismissed by the presiding judge because the plaintiff did not comply with a court order in the case.

The case of Matthew Schutter, former township auditor, against county detective Timothy Nothstein was dismissed by Judge Joseph J. Matika in an order issued by the court on Friday.On March 29, Schutter, a Libertarian candidate for the 122nd district of the House of Representatives, filed a pro se lawsuit against Nothstein and a sheriff’s deputy only identified by his badge number.In the complaint Schutter said on March 29 he was trying to file a private criminal complaint with the county district attorney’s office and was told they did not have any forms. Schutter said after he was told he would not be given a form, a door at the DA’s office was “slammed” in his face.He also said at the time that Nothstein came out of the office and came after him, knocked a phone out of his hand and then choked him before striking him multiple times. Schutter then said he struck Nothstein said he in self-defense. Nothstein came out of the office to escort Schutter out of the courthouse because he was causing a disturbance in the hallway.When he filed the action, Schutter also asked the court to let him proceed in “forma pauperis” requesting that he be relieved of paying any court costs incident to the suit. Matika granted that request.Schutter was later charged with assaulting Nothstein in the incident. On July 21 Schutter pleaded guilty to simple assault and a summary offense of disorderly conduct in the case before Judge Steven R. Serfass. Per an agreement with the DA’s office, Serfass placed Schutter on probation for two years with other conditions.On Sept. 8 Matika held a management conference on the case, per rules of civil procedure, at which time he told the plaintiff he had to make service of the complaint on Nothstein within 21 days of that date or the case would be dismissed.The 21 days passed without Schutter complying with the order, and on Friday Matika dismissed the case based on Schutter not complying with the Sept. 8 order.On April 14 the county commissioners hired attorney Frank L. Tamulonis Jr. as special counsel to represent Nothstein in the case.