SWOPE v. CITY OF PITTSBURGH et al

Filing 22

MEMORANDUM ORDER granting defendants' 7 Motion to Dismiss and adopting 17 Report and Recommendation of Magistrate Judge Kelly as the opinion of the Court. The Clerk shall mark this case CLOSED. Signed by Judge David S. Cercone on 2/4/15. (njt)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA

ROBERT SWOPE,
Plaintiff,

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vs.

2:14cv939
Electronic Filing

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CITY OF PITTSBURGH; DETECTIVE
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JOHN JOHNSON in his individual and
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Official capacity; DETECTIVE LEONARD)
DUNCAN in his individual and official
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Capacity,
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Defendants. )

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Judge David Stewart Cercone/
Chief Magistrate Judge Maureen P. Kelly

Re: ECFNo. 7

MEMORANDUM ORDER

AND NOW, this_!_ day of January, 2015, after PlaintiffRobert Swope, filed an action
in the above-captioned case, and after a Motion to Dismiss was submitted on behalf of
Defendants, and after a Report and Recommendation was filed by the United States Magistrate
Judge and Plaintiff was given until January 14, 2015, to file written objections thereto, and upon
consideration of the objections filed by Plaintiff, ECF No. 18, and the response to those
objections filed by Defendants, ECF No. 21, and upon independent review of the record, and
upon consideration of the Magistrate Judge's Report and Recommendation, ECF No. 17, which
is adopted as the opinion of this Court,
IT IS HEREBY ORDERED that the Defendants' Motion to Dismiss, ECF No.7, is
GRANTED.
IT IS FURTHER ORDERED that, pursuant to Rule 4(a)(l) of the Federal Rules of
Appellate Procedure, if any party wishes to appeal from this Order a notice of appeal, as

provided in Fed. R. App. P. 3, must be filed with the Clerk of Court, United States District Court,
at 700 Grant Street, Room 3110, Pittsburgh, PA 15219, within thirty (30) days.

David Stewart Cercone
United States District Judge

cc:

Honorable Maureen P. Kelly
United States Magistrate Judge
Robert Swope
4 37 Arlington Avenue
Pittsburgh, P A 15203
(Via First Class Mail)
Michael E. Kennedy, Esquire
Lourdes Sanchez Ridge, Esquire
MatthewS. McHale, Esquire
Bryan Campbell, Esquire
Allison N. Genard, Esquire
(Via CMIECF Electronic Mail)

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