GRIFFIN v. ALLEGHNEY COUNTY PRISON et al

Filing 40

MEMORANDUM ORDER adopting Report and Recommendations re 38 as the Opinion of the Court; Motion to Dismiss filed by Defendants Orlando Harper and the Allegheny County Jail (ECF No. 15) is granted as to the Allegheny County Jail and denied as to Orlando Harper. Motion to Dismiss filed by Defendant John Williams (ECF No. 23) is denied. Signed by Judge Arthur J. Schwab on 12/6/18. (lck)

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

TODD GRIFFIN,

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Plaintiff,
V.

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ALLEGHENY COUNTY PRISON, et
al.,

Civil Action No. 17 - 1560
District Judge Arthur J. Schwab
Magistrate Judge Lisa Pupo Lenihan

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Defendants.

MEMORANDUM ORDER
Todd Griffin ("Plaintiff') is a former Pennsylvania inmate who initiated this action prose
by the filing of a Motion to Proceed in forma pauperis (ECF No. 1), which was granted on
December 4, 2017 (ECF No. 2). His Complaint was docketed on December 4, 2017 (ECF No.
3), and the case was referred to United States Magistrate Judge Lisa Pupo Lenihan pursuant to
the Magistrate Judge's Act, 28 U.S.C. § 636(b)(l), and Rules 72.C and 72.D of the Local Rules
of Court.
Defendants Orlando Harper and the Allegheny County Jail filed a Motion to Dismiss
Plaintiffs Complaint on April 5, 2018 (ECF No. 15), and Defendant John Williams filed a
Motion to Dismiss on May 10, 2018 (ECF No. 23). Plaintiff filed responses in opposition to the
Motions on May 11, 2018 (ECF No. 26) and June 1, 2018 (ECF No. 30), respectively.
On November 5, 2018, the Magistrate Judge issued a Report and Recommendation
("R&R") wherein she recommended that the Motion to Dismiss filed by Defendants Orlando
Harper and the Allegheny County Jail be granted as to the Allegheny County Jail and denied as

to Orlando Harper. (ECF No. 38.) She also recommended that the Motion to Dismiss filed by
Defendant John Williams be denied. Id. The R&R was served on the parties who did not file
written Objections. As such, after careful de nova review, the following Order is now entered.
AND NOW, this Y,~ay of December, 2018;
IT IS HEREBY ORDERED that the R&R of the Magistrate Judge (ECF No. 38) is
adopted as the Opinion of the Court.
IT IS FURTHER ORDERED that the Motion to Dismiss filed by Defendants Orlando
Harper and the Allegheny County Jail (ECF No. 15) is granted as to the Allegheny County Jail
and denied as to Orlando Harper.
IT IS FURTHER ORDERED that the Motion to Dismiss filed by Defendant John
Williams (ECF No. 23) is denied.
AND IT IS FURTHER ORDERED that the case is referred back to the Magistrate
Judge for all further pretrial proceedings.
By the Court:

Arthur J. Sc wab
United States District Judge
cc: Todd Griffin
415 Suncrest
Pittsburgh, PA 15210
Counsel for Defendants
( Via CMIECF electronic mail)

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