PETERSON v. UNIONTOWN POLICE DEPT. et al

Filing 40

MEMORANDUM ORDER granting 18 Motion for Summary Judgment; adopting 26 Report and Recommendation; granting 34 Motion to Dismiss; adopting 37 Report and Recommendation as the opinion of the Court. The Clerk shall mark this matter closed, and as more fully stated in said Memorandum Order. Signed by Judge Kim R. Gibson on 3/25/2011. (dlg)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
RAYMOND E. PETERSON,
Plaintiff

v.
UNIONTOWN POLICE DEPARTMENT and FAYETTE COUNTY DRUG TASK FORCE, Defendants

Case No. 3:09-cv-150-KRG-KAP

MEMORANDUM ORDER This matter was referred to Magistrate Judge Keith A. Pesto for pretrial proceedings in accordance with the Magistrates Act, 28 U.S.C.§ 636(b) (1), and subsections 3 and 4 of Local Rule 72.1 for Magistrate Judges. The Magistrate Judge filed a Report and Recommendation on November 29, judgment be 2010, docket no. to defendant 26, recommending that summary of Uniontown on that

granted

City

defendant's motion, docket no. 18. Report and Recommendation on

The Magistrate Judge filed a
41

March

2011 1

docket

no.

37 1

recommending that the motion to dismiss by defendant Fayette County Drug Task Force, docket no. 34, be granted. The parties were notified pursuant to 28 U.S.C.§

636(b) (l}1 that they had fourteen days to file written objections to the Report and Recommendation. Plaintiff filed
3~1

timely which

objections, docket no. 32, docket no. 33, and docket no. I have reviewed but rej ect . the standards for

Plaintiff does not distinguish municipal liability and individual

between

liability.

Upon de novo review of the record of this matter,

the

Report and Recommendation, and the timely objections thereto, the following order is entered: AND NOW, this

;2~ day

h

of March, 2011, it is

ORDERED that defendant City of Uniontown's motion for summary judgment, docket no. 18, is granted, and County Drug Task Force's motion to dismiss, granted. the Court. defendant Fayette docket no. 34, is

Report and Recommendation is adopted as the opinion of The Clerk shall mark this matter closed.

KIM R. GIBSON,
UNITED STATES DISTRICT JUDGE
Notice to counsel of record by ECF and by U.S. Mail to: Raymond E. Peterson HY-0117 S.C.I. Houtzdale P.O. Box 1000
Houtzdale, PA 16698-1000

2