THOMPSON v. HENS-GRECO et al

Filing 132

MEMORANDUM ORDER granting 74 Motion to Dismiss filed by defendant MCKEESPORT AREA SCHOOL DISTRICT and adopting 129 Report and Recommendation of Magistrate Judge Lisa Pupo Lenihan as the opinion of the Court. Signed by Judge David S. Cercone on 8/22/17. (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. 74, 129

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. 129), filed on July 28,
2017, recommended that the Motion to Dismiss (ECF No. 74) filed by Defendant McKeesport
Area School District 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). 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 22nd day of August, 2017,
IT IS HEREBY ORDERED that the Motion to Dismiss (ECF No. 74) filed by
Defendant McKeesport Area School District is GRANTED.
IT IS FURTHER ORDERED that the Report and Recommendation (ECF No. 129) of
Magistrate Judge Lenihan, dated July 28, 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
2

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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