JOHNSON v. CITY OF PITTSBURGH et al

Filing 62

MEMORANDUM ORDER. For the reasons stated in the attached Memorandum Order, Plaintiff's First and Fourteenth Amendment claims against Defendants the City of Pittsburgh, the University of Pittsburgh and the University of Pittsburgh Police Depart ment are dismissed with prejudice for failure to prosecute. IT IS FURTHER ORDERED that Defendants the City of Pittsburgh, the University of Pittsburgh and the University of Pittsburgh Police Department are terminated from this action, as no claims r emain against them. The only claim that remains is Plaintiff's Fourth Amendment claim against Officers Falotico and Visnich and Officers John Does 1 and 2 for their conduct in relation to Plaintiff's investigative detention. The Magistrate Judge's Report and Recommendation dated January 4, 2018, hereby is adopted as the Opinion of the District Court. Signed by Judge Cathy Bissoon on 1/29/18. (kg)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
DAVID S. JOHNSON,
Plaintiff,
v.
CITY OF PITTSBURGH, et.al.,
Defendants.

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Civil Action No. 16-1068
Judge Cathy Bissoon
Magistrate Judge Cynthia Reed Eddy

MEMORANDUM ORDER
This case was referred to United States Magistrate Judge Cynthia Reed Eddy for pretrial
proceedings in accordance with the Magistrates Act, 28 U.S.C. §§ 636(b)(l)(A) and (B), and
Local Rule of Civil Procedure 72.
On January 4, 2018, the Magistrate Judge issued a Report (Doc. 59) recommending that
the Court dismiss Plaintiff’s First and Fourteenth Amendment claims against the City of
Pittsburgh, the University of Pittsburgh, and the University of Pittsburgh Police Department with
prejudice for failure to prosecute. Service of the Report and Recommendation was made on the
parties, and no objections have been filed.
After a review of the pleadings and documents in the case, together with the Report and
Recommendation, the following Order is entered:
Plaintiff’s First and Fourteenth Amendment claims against Defendants the City of
Pittsburgh, the University of Pittsburgh and the University of Pittsburgh Police Department are
dismissed with prejudice for failure to prosecute.

IT IS FURTHER ORDERED that Defendants the City of Pittsburgh, the University of
Pittsburgh and the University of Pittsburgh Police Department are terminated from this action, as
no claims remain against them. The only claim that remains is Plaintiff’s Fourth Amendment
claim against Officers Falorico and Visnich and Officers John Does 1 and 2 for their conduct in
relation to Plaintiff’s investigative detention. The matter is referred back to Judge Eddy for
further proceedings.
The Magistrate Judge’s Report and Recommendation dated January 4, 2018, hereby is
adopted as the Opinion of the District Court.
IT IS SO ORDERED.

January 29, 2018

s/Cathy Bissoon
Cathy Bissoon
United States District Judge

cc (via ECF email notification):
All counsel of record
cc (via First-Class U.S. Mail):
DAVID S. JOHNSON
620 Fallsway
Baltimore, MD 21202

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