THOMPSON v. HENS-GRECO et al

Filing 128

MEMORANDUM ORDER granting 80 Motion to Dismiss as to defendants Kathryn M. Hens-Greco, Kimberly Berkeley Clark, Fifth Judicial District, Pittsburgh Municipal Court, Claire Capristo, Christopher Connors, and Patrick Quinn and Geraldine Redic and Barbara Clements in their official capacity only. Further adopting 122 Report and Recommendation of Magistrate Judge Lenihan as the opinion of the Court. Signed by Judge David S. Cercone on 7/20/17. (njt)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
Dwayne Thompson, individually, and on
behalf of his minor daughter “RMT” and
Pamela McDeavitt,
Plaintiffs,
v.
Kathryn M. Hens-Greco; Kimberly Berkeley
Clark, Krista Abram; Shane Mock; Jonathan
Voelker; Pernille Frankmar; Voelker &
Colton, LLC; Lauren Darbouze; Reserve
Township Police; Brian Tully; Fred Boory Jr;
Pittsburgh Municipal Court; Barbara Clements;
Allegheny County; Patrick Quinn; Christopher
Connors; Geraldine M. Redic; Claire Capristo;
Allegheny County Sheriff’s Department;
Anthony Fratto; Holly Zemba; Allegheny County
Department of Court Records; Allegheny County
Office of Children and Youth Services;
Bruce Noel; Brynn Alpee; McKeesport Area
School District; Fifth Judicial District; and
John and Jane Does, 1-10,
Defendants.

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2:16cv1100
Electronic Filing
District Judge Cercone
Magistrate Judge Lenihan
ECF Nos. 80, 122

MEMORANDUM ORDER
This civil action was commenced on July 25, 2016 when Plaintiff Dwayne Thompson
filed a Motion for Leave to Proceed in Forma Pauperis. (ECF No. 1.) That motion was granted
and the Complaint (ECF No. 2) was docketed on July 26, 2016. The case 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. 122), filed on May 22,
2017, recommended that the Motion to Dismiss (ECF No. 80) filed by Defendants the Honorable
Kathryn M. Hens-Greco, the Honorable Kimberly Berkeley Clark, the Fifth Judicial District,
Pittsburgh Municipal Court, retired District Court Administrator Claire Capristo, former interim
and current First Deputy District Court Administrator Christopher Connors and Family Court
Administrator Patrick Quinn, and in their official capacity only Geraldine Redic and Barbara
Clements be granted. Service was made on Plaintiffs via first class mail to their addresses of
record. 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, and that unregistered ECF users were given an additional three (3)
days pursuant to Federal Rule of Civil Procedure 6(d). Plaintiffs were granted two (2) extensions
of time to file their objections. (ECF Nos. 123 & 125.) Objections were due on July 17, 2017.
(ECF No. 125.) No objections have been filed.
After review of the pleadings and documents in the case, together with the Report and
Recommendation, the following Order is entered:
AND NOW, this 20th day of July, 2017,
IT IS HEREBY ORDERED that the Motion to Dismiss (ECF No. 80) filed by
Defendants the Honorable Kathryn M. Hens-Greco, the Honorable Kimberly Berkeley Clark, the
Fifth Judicial District, Pittsburgh Municipal Court, retired District Court Administrator Claire
Capristo, former interim and current First Deputy District Court Administrator Christopher
Connors and Family Court Administrator Patrick Quinn, and in their official capacity only
Geraldine Redic and Barbara Clements is GRANTED.

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IT IS FURTHER ORDERED that the Report and Recommendation (ECF No. 122) of
Magistrate Judge Lenihan, dated May 22, 2017, is adopted as the opinion of the Court.

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

Dwayne Thompson
1013 Coal Street
Pittsburgh, PA 15221
Pamela McDeavitt
104 Dorf Avenue
Pittsburgh, PA 15209
(Via First Class Mail)
Caroline Liebenguth, Esquire
Dennis J. Roman, Esquire
Charlene S. Seibert, Esquire
Timothy R. Stienstraw, Esquire
Lauren D. Darbouze, Esquire
Ashley N. Rodgers, Esquire
Daniel R. Bentz, Esquire
Benjamin T.S. Trodden, Esquire
Lisa G. Michel, Esquire
Anthony G. Sanchez, Esquire
(Via CM/ECF Electronic Mail)

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