JOHNSON v. ALLEGHENY COUNTY- CITY OF PITTSBURGH et al

Filing 9

MEMORANDUM ORDER indicating that that the Complaint filed by Plaintiff David S. Johnson 3 is dismissed withi prejudice pursuant to 28 U.S.C. §1915(e)(2)(B)(i)-(iii); that Plaintiff's Motions to Compel 4 , 5 Petition for Service by the U.S. Marshal 6 are dismissed as moot; that the Report and Recommendation 8 of United States Magistrate Judge Lisa Pupo Lenihan, dated 10/8/14, is adopted as the opinion of the Court. Signed by Judge Nora Barry Fischer on 10/31/14. (jg) (jg, )

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
DAVID S. JOHNSON,
Plaintiff,
v.
ALLEGHENY COUNTY-CITY OF
PITTSBURGH, KATE BARKMAN,
HON. KATHLEEN DURKIN, and
HON. ROBERT C. MITCHELL,
Defendants.

)
)
)
)
)
)
)
)
)
)
)
)

Civil Action No. 2:14-cv-857
Judge Nora Barry Fischer
Magistrate Judge Lisa Pupo Lenihan
ECF Nos. 4, 5, 6, & 8

MEMORANDUM ORDER
The Complaint was filed in the above captioned case on July 7, 2014, after
Plaintiff’s Motion to Proceed In Forma Pauperis was granted. The 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. 8), filed on
October 8, 2014, recommended that the Complaint (ECF No. 3) be dismissed with
prejudice

pursuant

to

28

U.S.C.

§

1915(e)(2)(B)(i)-(iii).

The

Report

and

Recommendation further recommended that Plaintiff’s Motions to Compel (ECF No. 4,
ECF No. 5) and Petition for Service by the U.S. Marshal (ECF Nos. 6) be dismissed as
moot.

Service of the Report and Recommendation was made on Plaintiff at AP-8174,

One Rockview Place, Bellefonte, PA 16823. Plaintiff was informed that in accordance
with the Magistrate Judges Act, 28 U.S.C. § 636(b)(1)(B) and (C), and Rule 72.D.2 of

the Local Rules of Court, that he had fourteen (14) days to file any objections. No
objections have been filed to the Report and Recommendation.
After review of the pleadings and documents in the case, together with the
Report and Recommendation, the following Order is entered:
AND NOW, this 31st day of October, 2014,
IT IS HEREBY ORDERED that the Complaint filed by Plaintiff David S. Johnson
(ECF No. 3) is DISMISSED WITH PREJUDICE pursuant to 28 U.S.C. §1915(e)(2)(B)(i)(iii).
IT IS FURTHER ORDERED that Plaintiff’s Motions to Compel (ECF No. 4, ECF
No. 5) and Petition for Service by the U.S. Marshal (ECF Nos. 6) are DISMISSED AS
MOOT.
IT IS FURTHER ORDERED that the Report and Recommendation (ECF No. 8)
of United States Magistrate Judge Lisa Pupo Lenihan, dated October 8, 2014, is
adopted as the opinion of the Court.

s/Nora Barry Fischer
NORA BARRY FISCHER
United States District Judge
cc:

DAVID S. JOHNSON
AP-8174
One Rockview Place
Bellefonte, PA 16823