HERRING v. FAYETTE COUNTY PRISON

Filing 52

ORDER adopting Magistrate Judge's Report and Recommendation 50 as the opinion of this Court; that the Partial Motion to Dismiss 26 be granted and that Plaintiff's Fourth Amendment, procedural and substantive due process, equal protectio n, and ADA claims be dismissed with prejudice; that Plaintiff's claims against Fayette County Prison be dismissed but that Plaintiff be granted thirty days, to 10/31/21, to file a Second Amended Complaint, should he choose to do so, to assert an institutional liability claim against Fayette County in accordance with Monell v. New York City Dept. of Soc. Servs., 436 U.S. 658, 691 (1978); that Plaintiff's claims for injunctive and declaratory relief as well as his claims for punitive damages against the Fayette County Prison Defendants in their official capacities be dismissed with prejudice. Signed by Judge Robert J. Colville on 10/4/21. (jg)

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

STANLEY LEE HERRING,
Plaintiff,
vs.
FAYETTE COUNTY PRISON, et al.,
Defendants.

)
)
)
) Civil Action No. 20-1559
) Judge Robert J. Colville/
) Magistrate Judge Maureen P. Kelly
)
)
)
ORDER

AND NOW, this 4th day of October, 2021, after the Plaintiff, Stanley Lee Herring
filed an action in the above-captioned case, and after a Report and Recommendation was filed by
the United States Magistrate Judge granting the parties until September 21, 2021 and to
September 24, 2021 for Unregistered Users, to file written objections thereto, the Court’s docket
indicating that no objections have been filed, and upon independent de novo review of the
record, and upon consideration of the Magistrate Judge’s Report and Recommendation
(Document No. [50]), which is adopted as the opinion of this Court,
IT IS HEREBY ORDERED that the Partial Motion to Dismiss (Document No.
[26] be granted and that Plaintiff’s Fourth Amendment, procedural and substantive due process,
equal protection, and ADA claims be dismissed with prejudice.
IT IS FURTHER ORDERED that Plaintiff’s claims against Fayette County Prison
be dismissed but that Plaintiff be granted thirty days, to October 31, 2021, to file a Second
Amended Complaint, should he choose to do so, to assert an institutional liability claim against
Fayette County in accordance with Monell v. New York City Dept. of Soc. Servs., 436 U.S. 658,
691 (1978).

IT IS FURTHER ORDERED that Plaintiff’s claims for injunctive and declaratory
relief as well as his claims for punitive damages against the Fayette County Prison Defendants in
their official capacities be dismissed with prejudice.
IT IS FURTHER ORDERED that, pursuant to Rule 4(a)(1) 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.

/s/ Robert J. Colville
United States District Judge

cc/ecf:

Counsel of Record
Magistrate Judge Maureen P. Kelly
Stanley Lee Herring
NZ-9854
SCI Fayette
50 Overlook Drive
Labelle, PA 15905