BANKS v. UNITED STATES MARSHALS SERVICE et al

Filing 40

MEMORANDUM ORDER granting defendants' 22 Motion to Dismiss the Complaint and Strike Allegheny County Jail from the Caption. Case is dismissed with prejudice as to defendants COUNTY OF ALLEGHENY and RICH FITZGERALD; defendant ALLEGHENY COUNTY JAIL is stricken from caption; and 36 Report and Recommendation of Magistrate Judge Lenihan is adopted as the opinion of the Court. Signed by Judge David S. Cercone on 4/4/16. (njt)

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

)
)
)
)
)
)

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

2:15cv127
Electronic Filing
Judge David Stewart Cercone
Magistrate Judge Lisa Pupo Lenihan

)

)
)
)
)

ECF Nos. 22, 36

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.36), filed on
February 24, 2016, recommended that the Motion to Dismiss the Complaint and to
Strike Defendant Allegheny County Jail from the Caption (ECF No. 22), filed by
Defendants Allegheny County and Rich Fitzgerald, be granted, and that the Allegheny
County Jail be stricken from the caption, and the Complaint be dismissed with prejudice
as to Defendants County of Allegheny and Rich Fitzgerald. 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 )(8) 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 March 8, 2016 (ECF No. 38).
After review of the pleadings and documents in the case, together with the
Report and Recommend~ objections thereto, the following Order is entered:
AND NOW,

this~ day of April, 2016,

IT IS HEREBY ORDERED that the Motion to Dismiss the Complaint and to Strike
Allegheny County Jail from the Caption (ECF No. 22), filed by Defendants County of
Allegheny and Rich Fitzgerald is GRANTED, and the Complaint is DISMISSED WITH
PREJUDICE as to Defendants County of Allegheny and Rich Fitzgerald.

IT IS FURTHER ORDERED that Defendant Allegheny County Jail is stricken
from the caption.
IT IS FURTHER ORDERED that the Report and Recommendation (ECF No. 36)
of Magistrate Judge Lenihan, dated February 24, 2016, is adopted as the opinion of the
Court.

David Stewart Cercone
United States District Judge
cc:

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

2