BANKS v. UNITED STATES MARSHALS SERVICE et al

Filing 39

MEMORANDUM ORDER granting 10 Motion to Dismiss filed by defendants UNITED STATES OF AMERICA; UNITED STATES MARSHAL SERVICE; DIRECTOR, UNITED STATES MARSHAL; DAVID HICKTON, U.S. ATTORNEY; CHIEF JUDGE JOY FLOWERS CONTI; JUDGE NORA BARRY FISCHER; ERI C HOLDER, ATTORNEY GENERAL; USA INSPECTOR GENERAL; KEN SALAZAR, U.S. DEPARTMENT OF THE INTERIOR; DIRECTOR/COMMISSIONER OF INDIAN AFFIRS; and BUREAU OF INDIAN AFFAIRS. Case dismissed with prejudice as to these defendants. Further adopting 34 Report and Recommendation of Magistrate Judge Lenihan as the opinion of the Court. Signed by Judge David S. Cercone on 3/23/16. (njt)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
FREDERICK BANKS,

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Plaintiff,
v.
UNITED STATES MARSHALS
SERVICE, et al.,
Defendants.

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2:15cv127
Electronic Filing
Judge David Stewart Cercone
Magistrate Judge Lisa Pupo Lenihan
ECF No. 10

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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.34), filed on
February 16, 2016, recommended that the Motion to Dismiss (ECF No. 10) filed by the
United States of America; the United States Marshals Service; Director, United States
Marshal; David Hickton, U.S. Attorney; Chief Judge Joy Flowers Conti; Judge Nora
Barry Fischer; Eric Holder, Attorney General; USA Inspector General; Ken Salazar, U.S
Department of the Interior; Director/Commissioner of Indian Affairs; and the Bureau of
Indian Affairs be granted, and the Complaint be dismissed with prejudice as to the these

Defendants. 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.

Plaintiff filed timely objections to the Report and Recommendation on

February 23, 2016 (ECF No. 35).
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

2 S day of March, 2016,

IT IS HEREBY ORDERED that the Motion to Dismiss (ECF No. 10) filed by the
United States of America; the United States Marshals Service; Director, United States
Marshal; David Hickton, U.S. Attorney; Chief Judge Joy Flowers Conti; Judge Nora
Barry Fischer; Eric Holder, Attorney General; USA Inspector General; Ken Salazar, U.S
Department of the Interior; Director/Commissioner of Indian Affairs; and the Bureau of
Indian Affairs is GRANTED, and the Complaint is DISMISSED WITH PREJUDICE AS
TO THESE DEFENDANTS.

IT IS FURTHER ORDERED that the Report and Recommendation (ECF No. 34)
of Magistrate Judge Lenihan, dated February 16, 2016, is adopted as the opinion of the
Court.

DAVID STEWART CERCONE
United States District Judge

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cc:

Frederick Banks
Inmate #120759
Allegheny County Jail
950 Second Avenue
Pittsburgh, PA 15219
(Via First Class MaiD
Rebecca Ross Haywood, Esquire
Paul R. Dachille, Esquire
(Via Electronic MaiD

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