MCDEAVITT et al v. MCCARTHY et al

Filing 8

MEMORANDUM ORDER dismissing plaintiffs' complaint with prejudice for failure to state a claim upon which relief may be granted and seeking monetary relief against a defendant who is immune from such relief and further adopting 4 Report and Recommendation of Magistrate Judge Lenihan as the opinion of the Court. The Clerk shall mark this case CLOSED. Signed by Judge David S. Cercone on 5/14/18. (njt)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
Pamela McDeavitt and
Leo L. McDeavitt, Jr.,
Plaintiffs,

v.
The Honorable Michael McCarthy,
The Honorable Judith Friedman,
The Fifth Judicial District, Beneficial
Consumer Discount Company d/b/a
Beneficial Mortgage Company of
Pennsylvania, Andrew Stutzman,
Michelle Badolato, Ian Long,
Stradley, Ronon, Stevens and Young,
Kim Hong, Tony (Motions Clerk),
Defendants.

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Civil Action No. 18-249

District Judge David S. Cercone I
Magistrate Judge Lenihan
ECFNo. 3

MEMORANDUM ORDER
This civil action was commenced on February 27, 2018 when Plaintiffs Leo L.
McDeavitt, Jr., and Pamela McDeavitt filed a Motion for Leave to Proceed in Forma Pauperis.
(ECF No. 1.) That motion was granted (ECF No. 2) and the Complaint was docketed on March
14, 2018. (ECF No. 3.) 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. 4), filed on April 10,
2018, recommended that the Plaintiffs' Complaint be dismissed with prejudice pursuant to 28
U.S.C. § 1915(e)(2)(B), as frivolous, for failure to state a claim upon which relief may be
granted, and because it seeks monetary relief against a defendant who is immune from such
relief. Service was made on Plaintiffs via first class mail to their 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). Objections for unregistered ECF Users were due by April
27, 2018. (ECF No. 4.) On April 26, 2018, Plaintiffs filed their Objections to the Report and
Recommendation. (ECF No. 6.)
After review of the pleadings, documents in the case and Plaintiffs' Objections, together

with the Report and Recommen~following Order is entered:
AND NOW, this J L(day of May, 2018,
IT IS HEREBY ORDERED that Plaintiffs' Complaint 1s DISMISSED WITH
PREJUDICE pursuant to 28 U.S.C. § 1915(e)(2)(B), as frivolous, for failure to state a claim
upon which relief may be granted, and because it seeks monetary relief against a defendant who
is immune from such relief.
IT IS FURTHER ORDERED that the Report and Recommendation (ECF No. 4) of
Magistrate Judge Lenihan, dated April 10, 2018, is adopted as the Opinion of the Court.

David Stewart Cercone
Senior United States District Judge
cc:

Leo L. Mcdeavitt, Jr.
104 Dorf Drive
Pittsburgh, PA 15209
(Via First Class Mail)
Pamela McDeavitt
104 Dorf Avenue
Pittsburgh, PA 15209
(Via First Class Mail)

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