THOMPSON v. HENS-GRECO et al

Filing 139

MEMORANDUM ORDER granting 77 Motion to Dismiss filed by ANTHONY FRATTO, HOLLY ZEMBA and ALLEGHENY COUNTY SHERIFF'S DEPARTMENT and further adopting 136 Report and Recommendation of Magistrate Judge Lenihan as the opinion of the Court. Signed by Judge David S. Cercone on 10/6/17. (njt)

IN THE UNITED ST ATES 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; Pemille 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 Sheriffs 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.

)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)

2:16cvl 100
Electronic Filing

District Judge Cercone
Magistrate Judge Lenihan
ECF Nos. 77, 136

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)(l), and Local Rules of Court 72.C and 72.D.
The Magistrate Judge's Report and Recommendation (ECF No. 136), filed on September
13, 2017, recommended that the Motion to Dismiss (ECF No. 77) filed by Defendants Anthony
Fratto, Holly Zemba, and Allegheny County Sheriffs Department be granted. Service was made

on Plaintiff via first class mail to his address 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, 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

followi~ Order

is entered:

AND NOW, this "day of October, 2017,
IT IS HEREBY ORDERED that the Motion to Dismiss (ECF No. 77) filed by
Defendants Anthony Fratto, Holly Zemba, and Allegheny County Sheriffs Department is
GRANTED.
IT IS FURTHER ORDERED that the Report and Recommendation (ECF No. 136) of
Magistrate Judge Lenihan, dated September 13, 2017, is adopted as the opinion of the Court.

David Stewart Cercone
United States District Judge

cc:

Dwayne Thompson
1013 Coal Street
Pittsburgh, PA 15221
(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
2

Benjamin T.S. Trodden, Esquire
Lisa G. Michel, Esquire
Anthony G. Sanchez, Esquire
(Via CMIECF Electronic Mail)

3