ANDREWS v. HENS-GRECO

Filing 15

MEMORANDUM ORDER. It is hereby ORDERED that 5 Motion to Dismiss is GRANTED and Plaintiff's Complaint is DISMISSED WITH PREJUDICE. It is further ORDERED that 12 Report and Recommendation of Magistrate Judge Lenihan is ADOPTED as the opinion of the Court. Signed by Judge Mark R. Hornak on 1/27/15. (bdb)

IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF PENNSYLVANIA

LINDA S. ANDREWS,

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Plaintiff,

v.

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KATHRYN M. HENS-GRECO,
individually and in official capacity as
a judge of the Court of Common
Pleas of Allegheny County Family
Division,

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)
)
)
)
)

Case No. 2:14-cv-441
Judge Mark R. Hornak
Magistrate Judge Lisa Pupo Lenihan
ECF NO.5

Defendant.
MEMORANDUM ORDER

Plaintiff, Linda S. Andrews, proceeding pro se, filed the Complaint in the above
captioned case with the Clerk of Court on April 7, 2014. Subsequently, on December
22, 2014, this case was referred to United States Magistrate Judge Lisa Pupo Lenihan
for pretrial proceedings in accordance with the Magistrate Judges Act, 28 U.S.C.
§636(b)(1), and Local Rules of Court 72.C and 72.D.
The Magistrate Judge's Report and Recommendation (ECF No. 12), filed on
December 22, 2014, recommended that the Motion to Dismiss Plaintiffs Complaint
(ECF No.5) filed by Defendant Kathryn M. Hens-Greco be granted and that Plaintiffs
Complaint be dismissed with prejudice for failure to state a claim upon which relief can
be granted. Service was made on Plaintiff by First Class, U.S. Mail at her address of
record, and on all counsel of record via CM/ECF. The parties were informed that in
accordance with the Magistrate Judges Act, 28 U.S.C. § 636(b)(1)(8) and (C), and Rule

72.D.2 of the Local Rules of Court, that they had fourteen (14) days to file any
objections. Plaintiff filed Objections to the Report and Recommendation (ECF No. 13)
on January 9, 2015 1.
After review of the pleadings and documents in the case, together with the
Report and Recommendation and the Objections thereto, the following Order is entered:
AND NOW, this 27th day of January, 2015, IT IS HEREBY ORDERED that the

Motion to Dismiss Plaintiff's Complaint filed by Defendant Kathryn M. Hens-Greco is
GRANTED and Plaintiff's Complaint is DISMISSED WITH PREJUDICE.
IT IS FURTHER ORDERED that the Report and Recommendation (ECF No. 12)

of Magistrate Judge Lenihan, dated December 22, 2014, is adopted as the opinion of
the Court.

ARK R. HORNAK
United States District Judge

cc:

Linda S. Andrews, Pro Se

167 Robinson Street

Pittsburgh, PA 15213

Via First Class, U. S. Mail

All Counsel of Record
(Via CMIECF Electronic Mam

The Plaintiff in her Objections states that her response to the Defendant's Motion to
Dismiss was never docketed, and that the previously-presiding District Judge had in some
fashion interfered with that filing. This Court has examined the docket, and none of that is
correct. The Plaintiffs response to the Motion to Dismiss was docketed, ECF Nos. 9 & 10, and
the "show cause" Order regarding that response was vacated in light of that filing. Text Order of
October 16,2014. Thus, the Plaintiff's position regarding the Motion to Dismiss was and is
properly before the Court at all phases of the disposition of this case.
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