BANKS v. UNITED STATES MARSHALS SERVICE et al

Filing 21

MEMORANDUM ORDER denying petitioner's 15 Motion to Remand and adopting 17 Report and Recommendation of Magistrate Judge Lenihan as the opinion of the Court. Signed by Judge David S. Cercone on 11/3/15. (njt)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
FREDERICK BANKS,
Plaintiff,
v.
UNITED STATES MARSHALS
SERVICE, et al.,
Defendants.

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2:15cv127
Electronic Filing
District Judge David Stewart Cercone
Magistrate Judge Lisa Pupo Lenihan
ECF No. 15

MEMORANDUM ORDER
The Complaint in the above captioned case was filed in the Court of Common
Pleas of Allegheny County, Pennsylvania on or about November 17, 2014.
Subsequently, this action was removed to this Court by Defendant, United States of
America, on January 30, 2015, 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. 17), filed on
October 1, 2015, recommended that Plaintiff’s Motion to Remand (ECF No. 15) be
denied. Service was made on Plaintiff at his address of record via U.S. Mail, and on all
counsel of record via electronic mail. 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 have been filed.

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After review of the pleadings and documents in the case, together with the
Report and Recommendation and objections thereto, the following Order is entered:
AND NOW, this 3rd day of November, 2015,
IT IS HEREBY ORDERED that the Motion to Remand by Plaintiff Frederick
Banks (ECF No. 15) is DENIED.
IT IS FURTHER ORDERED that the Report and Recommendation (ECF No. 17)
of Magistrate Judge Lenihan, dated October 1, 2015, is adopted as the opinion of the
Court.

s/ DAVID STEWART CERCONE
David Stewart Cercone
United States District Judge
cc:

Frederick Banks
#120759
Allegheny County Jail
950 Second Avenue
Pittsburgh, PA 15219
(Via First Class Mail)
Rebecca Ross Haywood, Esquire
Jennifer R. Andrade, Esquire
Paul R. Dachille, Esquire
(Via CM/ECF Electronic Mail)

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