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)

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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

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