DOE et al v. QUINONES et al

Filing 43

ORDER granting defendants' 28 , 31 , and 32 Motions to Dismiss. Plaintiffs may file a second amended complaint no later than 5/15/18. Further adopting 42 Report and Recommendation of Chief Magistrate Judge Kelly as the opinion of the Court. Signed by Judge David S. Cercone on 4/24/18. (njt)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA

JOHN M. H. DOE and B. G. DOE,

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Plaintiffs,

2:17cv719
Electronic Filing

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V.

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LUIS QUINONES, PAM JEWERT, JOHN
DOE 1-5, TRINITY SERVICES GROUP,
BUTLER COUNTY, BUTLER COUNTY
PRISON, WARDEN JOE DEMORE,
WARDEN BEAU SNEDDON, WARDEN
JENNIFER PASSARELLI,
COMMISSIONER LESLIE OSCHE,
COMMISSIONER KIM GEYER,
COMMISSIONER KEVIN BOOZEL,
CORRECTIONS OFFICER CHRISTOPHER
REVES, CORRECTIONS OFFICER TORI
COYLE, CORRECTIONS OFFICER
WINGROVE, CORRECTIONS OFFICER
RUSSELL, CORRECTIONS OFFICER
JOHN/JANE DOE 1-5, WARDEN
JOHN/JANE DOE 1-5, COMMISSIONER
JOHN/JANE DOE 1-5,
Defendants.

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Judge David Stewart Cercone
Chief Magistrate Judge Maureen P. Kelly

ORDER OF COURT

After Plaintiffs John M. H. Doe and B. G. Doe filed a complaint in the above-captioned
matter, Defendants filed a Motion to Dismiss for Failure to State a Claim, ECF No. 28, Motion
for Partial Dismissal, ECF No. 31, and Motion for Partial Dismissal, ECF No. 32. A Report and
Recommendation was filed on April 5, 2018, by Chief United States Magistrate Judge Maureen
P. Kelly giving the parties until April 19, 2018, to file written objections thereto. ECF No. 42.
No Objections having been filed, having completed an independent review of the record, and

upon consideration of the Magistrate Judge's Report and Recommendation which is ADOPTED
as the opinion of this Court,

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-L.
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IT IS HEREBY ORDERED this~ day of April, 2018, that the Motions to Dismiss
are GRANTED. Plaintiffs may file a Second Amended Complaint no later than May 15, 2018.
IT IS FURTHER ORDERED that, pursuant to Rule 4(a)(l) of the Federal Rules of
Appellate Procedure, if any party wishes to appeal from this Order a notice of appeal, as
provided in Fed. R. App. P. 3, must be filed with the Clerk of Court, United States District Court,
at 700 Grant Street, Room 3110, Pittsburgh, PA 15219, within thirty (30) days.

David Stewart Cercone
Senior United States District Judge
cc:

Honorable Maureen P. Kelly
Chief United States Magistrate Judge
Tyler Setcavage, Esquire
Daniel M. Vugrinovich, Esquire
Marie Milie Jones, Esquire
Michael R. Lettrich, Esquire
(Via CMIECF Electronic Mail)

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