MITCHELL v. ANTAL et al

Filing 21

ORDER. It is hereby ORDERED that 15 Motion to Dismiss is DENIED; and Defendants' Motion for More Definite Statement, in the alternative, is DENIED. It is further ORDERED that 20 Report and Recommendation is ADOPTED as the opinion of the Court. Signed by Judge Mark R. Hornak on 5/23/16. (bdb)

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

JOHN H. MITCHELL,
Plaintiff,

v.
Brackenridge Borough SGT. JOHN
ANTAL,
UNKNOWN POLICE OFFICERS
from The Brackenridge Borough
Police Department, and
UNKNOWN POLICE OFFICERS
from The Harrison Township Police
Department,
Defendants.

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Civil Action No. 15-568
District Judge Mark R. Hornak
Magistrate Judge Lisa Pupo Lenihan
ECF Nos. 15, 20

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MEMORANDUM ORDER

The Complaint in the above captioned case was received by the Clerk of Court
on April 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)(l), and Local Rules of Court 72.C and 72.D.
The Magistrate Judge's Report and Recommendation (ECF No. 20), filed on April
27, 2016, recommended that the Motion to Dismiss filed by Defendants Sgt. John Antal
and Unknown Police Officers from the Brackenridge Borough Police Department (ECF
No. 15) be denied in full. The Report and Recommendation further recommended that
Defendants' Motion for a More Definite Statement, in the alternative, also be denied.

Service was made on all counsel of record.

The parties were informed that in

accordance with the Magistrate Judges Act, 28 U.S.C. § 636(b)(l)(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 to the Report and Recommendation.
After review of the pleadings and documents in the case, together with the
Report and Recommendation, the following Order is entered:
AND NOW, this

'2...~ .!2aay of May, 2016,

IT IS HEREBY ORDERED that the Motion to Dismiss filed by Defendants Sgt.

John Antal and Unknown Police Officers from the Brackenridge Borough Police
Department (ECF No. 15) is DENIED.
IT IS FURTHER ORDERED that Defendants' Motion for a More Definite

Statement, in the alternative, is DENIED.
IT IS FURTHER ORDERED that the Report and Recommendation (ECF No. 20)

filed by Magistrate Judge Lenihan on April 27, 2016, is adopted as the opinion of the
Court.
BY THE COURT:

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MARK R. HORNAK
U.S. District Judge

cc:

All Counsel ofrecord
Via CM/ECF Electronic Mail
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