THOMPSON et al v. WILLIAMS et al

Filing 44

MEMORANDUM ORDER indicating that that the Motion to Dismiss (ECF Nos. 32 & 39 ) is granted except as it relates to the claim of punitive damages against the individual Defendants Officer Williams and Jessica Welch in their personal capacities; that the Report and Recommendation (ECF No. 42 ) of Chief Magistrate Judge Lenihan, dated 5/3/13, is adopted as the Opinion of the Court. Signed by Judge Nora Barry Fischer on 6/5/13. (jg)

IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF PENNSYLVANIA

JAMES S. THOMPSON,

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Plaintiff,

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v.

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OFFICER WILLIAMS, Probation Officer,
JESSICA WELCH, Probation Officer,
FAYETTE COUNTY ADUL T PROBATION
OFFICE and FAYETTE COUNTY,

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CiviJ Action No. 09 - 1432
Judge: Fischer
Chie1' Magistrate Judge I eni::lan
ECF Nos. 32 & 39

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Defendants.

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MEMORANDUM ORDE!

Plaintiff delivered his Complaint to the clerk of courts on October 27,200), and was
referred to Chief United States Magistrate Judge Lisa Pupo

L,~nihan

for pretrial proce:edings in

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accordance with the Magistrate Judges Act, 28 U.S.C. § 636('»(1), and Rules 72.C and 72.0 of
the Local Rules of Court.
The Magistrate Judge's Report and Recommendation (ECF No. 42) filed·m r,.1ay 3, 201
recommended that the Motion to Dismiss for Failure to State a Claim (ECF Nos. 32.& 39) be
granted except as it related to the claim of punitive damages against the individmll Defi:ndants
Officer Williams and Jessica Welch in their personal capacities. Service was ma:le on all
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counsel of record. The parties were informed that in accordance with the Magistrate Judges Act,
28 U.S.C. § 636(b)(1)(B) and (C), and Local Rule of Court 72.0.2, the parties hd fOUJteen

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(14~1
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days from the date of service to file objections to the Report :md Recommendation. Dc:fendant~
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filed Objections (ECF No. 43) on May 17,2013. Plaintifffi ed no objections.

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After review of the pleadings, documents in the case ar d the Objections, togetheI with
the Report and Recommendation, the following Order is enten:d:

AND NOW,

thisD~day of June, 2013, it is hereby ORDERED that the Motion to

Dismiss (ECF Nos. 32 & 39) is GRANTED e)!,cept as it relates to the claim of puniti'.e damages
against the individual Defendants Officer Williams and Jessica Welch in their pen on,'ll
capacities.

IT IS FURTHER ORDERED that tht! Report and Recommendation (EC:' No. 42) of
Chief Magistrate Judge Lenihan, dated May 3, 2013, is adopttd as the Opinion of':he Court.

BY THE COURT

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RA E ARRY FI CHER
nited States District Judge

cc:

All counsel of record
Via Electronic Mail
James S. Thompson
JS-4542
S.C.I. Dallas
1000 Follies Road
Dallas, PA 18612

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