THOMPSON v. HENS-GRECO et al

Filing 130

MEMORANDUM ORDER granting 85 Motion to Dismiss filed by defendants Fred Boory, Jr., Brian Tully, and Reserve Township Police Department; terminating plaintiff Pamela McDeavitt as a party for lack of standing; and adopting 126 Report and Recommendation of Magistrate Judge Lenihan as the opinion of the Court. Signed by Judge David S. Cercone on 8/2/17. Signed by Judge David S. Cercone on 8/2/17. (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. 85, 126

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. 126), filed on July 10,
2017, recommended that the Motion to Dismiss (ECF No. 85) filed by Defendants Fred Boory,

Jr., Brian Tully, and Reserve Township Police Department be granted, and that Plaintiff
McDeavitt be terminated as a party for lack of standing. 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). 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 2nd day of August, 2017,
IT IS HEREBY ORDERED that the Motion to Dismiss (ECF No. 85) filed by
Defendants Fred Boory, Jr., Brian Tully, and Reserve Township Police Department is
GRANTED.
IT IS FURTHER ORDERED that Plaintiff McDeavitt is terminated as a party for lack
of standing.
IT IS FURTHER ORDERED that the Report and Recommendation (ECF No. 126) of
Magistrate Judge Lenihan, dated July 10, 2017, is adopted as the opinion of the Court.

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

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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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