FRANKS v. WAGUESPACK et al

Filing 26

MEMORANDUM ORDER granting defendants' 3 , 5 , and 15 Motions to Dismiss. Complaint dismissed with prejudice as to TITLE IV-D LEGAL SERVICES UNIT, ALEXANDER P. BICKET, and ZORRAINE M. WAGUESPACK. Further adopting 23 and 24 Reports and Recommendations of Magistrate Judge Lisa Pupo Lenihan as the opinion of the Court. Signed by Judge David S. Cercone on 9/10/15. (njt)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
JACK L. FRANKS,

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Plaintiff,

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v.
lORRAINE M. WAGUESPACK,
eta/.,
Defendants.

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Case No. 2:14-cv-1733
Judge David Stewart Cercone
Magistrate Judge Lisa Pupo Lenihan
ECF Nos. 3, 5 & 15

MEMORANDUM ORDER
The Complaint in the above captioned case was received by the Clerk of Court
on December 23, 2014, and 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. 23), filed on
August 11, 2015, recommended that the Motions to Dismiss filed by Defendants Title
IV-D Legal Services Unit (ECF No. 3) and Alexander P. Bicket (ECF No. 5), be granted
with prejudice.

The Magistrate Judge's Report and Recommendation (ECF No. 24),

filed on August 11, 2015, recommended that the Motion to Dismiss filed by Defendant
lorraine M. Waguespack (ECF No. 15) be granted with prejudice. Service was made
on Plaintiff, proceeding prose, via CM/ECF electronic mail, and on all 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 Rule 72.D.2 of the Local Rules of Court, that they had
fourteen (14) days to file any objections. No objections were filed to the Report and
Recommendation.

After review of the pleadings and documents in the case, together with the
Reports and

Recommendat~ns,

AND NOW, this

/0

the following Order is entered:

·day of September, 2015,

IT IS HEREBY ORDERED that the Motion to Dismiss (ECF No. 3) filed by
Defendant Title IV-D Legal Services Unit is GRANTED and the Complaint is dismissed

with prejudice as to Title IV-D Legal Services Unit.
IT IS FURTHER ORDERED that the Motion to Dismiss (ECF No. 5) filed by
Defendant Alexander P. Bicket is GRANTED and the Complaint is dismissed with

prejudice as to Alexander P. Bicket.
IT IS FURTHER ORDERED that the Motion to Dismiss (ECF No. 15) filed by
Defendant lorraine M. Waguespack is GRANTED and the Complaint is dismissed

with prejudice as to lorraine M. Waguespack.
IT IS FURTHER ORDERED that the Reports and Recommendations (ECF Nos.
23 & 24) of Magistrate Judge Lenihan, dated August 11, 2015, are adopted as the
opinions of the Court.

DAVID STEWART CERCONE
United States District Judge

cc:

Jack L. Franks, Esquire (Pro Se Plaintiff)
David G. Sanders, Esquire
Caroline Liebenguth, Esquire
Lee M.Dellecker, Esquire

(Via CM/ECF Electronic Mail)

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