WASHINGTON v. GILMORE et al

Filing 55

ORDER granting 32 Motion to Dismiss and that Defendant City of Pittsburgh is dismissed with prejudice; adopting Report and Recommendations re 54 Report and Recommendation is adopted as the Opinion of the Court. AND IT IS FURTHER ORDERED that the case is remanded back to the Magistrate Judge for all further pretrial proceedings. Signed by Judge Joy Flowers Conti on 9/4/2019. (smc)

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

JERMONE JUNIOR WASHINGTON,
Plaintiff,
v.
SUPERINTENDENT MR.
GILMORE, MEDICAL CHCA-MR.
GUTH, and CITY OF PITTSBURGH,

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Civil Action No. 18 – 339
District Judge Joy Flowers Conti
Magistrate Judge Lisa Pupo Lenihan

Defendants.
MEMORANDUM ORDER
Pending before the Court is a Motion to Dismiss for Failure to State a Claim that was
filed by Defendant City of Pittsburgh on February 6, 2019. (ECF No. 32.) The Motion was
referred to United States Magistrate Judge Lisa Pupo Lenihan pursuant to the Magistrate Judge’s
Act, 28 U.S.C. § 636(b)(1), and Rules 72.C and 72.D of the Local Rules of Court.
On July 30, 2019, a Report and Recommendation (“R&R”) was filed by the Magistrate
Judge recommending that the Motion be granted and that Defendant City of Pittsburgh be
dismissed with prejudice. (ECF No. 54.) The R&R was served on all parties with a written
objections deadline for unregistered ECF users set for August 16, 2019, and, as of today, no
objections have been filed. Accordingly, after careful de novo review of the record and
consideration of the Magistrate Judge’s R&R, the following order is now entered.
AND NOW, this 4th day of September, 2019;
IT IS HEREBY ORDERED that the Report and Recommendation (ECF No. 54) is
adopted as the Opinion of the Court.
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IT IS FURTHER ORDERED that the Motion to Dismiss (ECF No. 32) is GRANTED
and that Defendant City of Pittsburgh is dismissed with prejudice.
AND IT IS FURTHER ORDERED that the case is remanded back to the Magistrate
Judge for all further pretrial proceedings.
By the Court:
/s/ Joy Flowers Conti
Joy Flowers Conti
Senior United States District Judge
Cc:

Jerome Junior Washington
HV0282
175 Progress Dr.
Waynesburg, PA 15370
Counsel of record
(Via CM/ECF electronic mail)

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