THOMPSON v. HENS-GRECO et al

Filing 140

MEMORANDUM ORDER granting defendants' 84 Motion to Dismiss and adopting 138 Report and Recommendation of Magistrate Judge Lenihan as the opinion of the Court. Defendants ALLEGHENY COUNTY OFFICE OF CHILDREN AND YOUTH SERVICES, ALLEGHENY COUNTY DEPARTMENT OF COURT RECORDS, ALLEGHENY COUNTY, BARBARA CLEMENTS, BRYNN ALPEE, BURCE NOEL, and GERALDINE M. REDIC are terminated. Signed by Judge David S. Cercone on 10/17/17. (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,

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2:16cvl 100

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Plaintiffs,

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v.

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District Judge Cercone
Magistrate Judge Lenihan

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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,

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ECF Nos. 84, 138

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Defendants.

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MEMORANDUM ORDER

This civil action was commenced on July 25, 2016, when Plaintiff Dwayne Thompson
filed a Motion for Leave to Proceed in F01ma 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. 138), filed on September
20, 2017, recommended that the Motion to Dismiss (ECF No. 84) filed by Defendants Allegheny
County Office of Children and Youth Services, Allegheny County Department of Court Records,
Allegheny County, Barbara Clements, Brynn Alpee, Bruce Noel, and Geraldine M. Redic be

granted. Service was made on all parties and on the pro se 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 follow~ Order is entered:
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AND NOW, this~ day of October, 2017,

IT IS HEREBY ORDERED that the Motion to Dismiss (ECF No. 84) filed by
Defendants Allegheny County Office of Children and Youth Services, Allegheny County
Department of Court Records, Allegheny County, Barbara Clements, Brynn Alpee, Bruce Noel,
and Geraldine M. Redic is GRANTED.

IT IS FURTHER ORDERED that the Report and Recommendation (ECF No. 138) of
Magistrate Judge Lenihan, dated September 20, 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
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Ashley N. Rodgers, Esquire
Daniel R. Bentz, Esquire
Benjamin T.S. Trodden, Esquire
Lisa G. Michel, Esquire
Anthony G. Sanchez, Esquire
(Via CMIECF Electronic Mail)

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