HASAN v. PENNSYLVANIA DEPARTMENT OF EDUCATION et al

Filing 53

MEMORANDUM ORDER - it is Ordered Defendants' Motions to Dismiss, at docket no. 5 , docket no. 18 , docket no. 21 , docket no. 23 , and docket no. 25 are granted. The Reports and Recommendations are adopted as the opinion of the Court. Th e complaint is dismissed as to Defendants Ramond J. Hess and Able Hess Inc. for failure to file a timely return of service. The Clerk shall mark this matter closed. The Rule 11 Motion at docket no. 36 remains with the Magistrate Judge for further proceedings, and as more fully stated in said Memorandum Order. Signed by Judge Kim R. Gibson on 8/26/2015. (dlg)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
CONCERNED CITIZENS OF THE CITY
OF DUQUESNE (LARRY HASAN),
Plaintiff,
v.
PENNSYLVANIA DEPARTMENT OF
EDUCATION, et al.,
Defendants

Case No. 3:14-cv-250-KRG-KAP

MEMORANDUM ORDER
This matter is before Magistrate Judge Keith A. Pesto for
pretrial proceedings in accordance with the Magistrates Act,

28

U.S.C.§ 636 and Local Rule 72 for Magistrate Judges.
The Magistrate Judge filed Reports and Recommendations
on June

2,

2015,

docket

no.

41,

recommending that defendants'

motions to dismiss at docket no. 5, docket no. 18, and docket no.
21, be granted; and on June 8, 2015, docket no.

42,

recommending

that defendants' motions to dismiss at docket no. 23 and docket no.
25, be granted.

See also docket no. 44.

The parties were notified that, pursuant to 28 U.S.C.§
636 (b) (1), they had fourteen days to file written objections to the
Report and Recommendation.

Plaintiff filed objections that are

meritless.
The
Fed.R.Civ.P.
July 9,

2015,

Magistrate
4(m)

Judge

also

issued

a

notice

under

to serve the remaining defendants on or before

see docket no.

48.

No return of service has been

filed for defendants Ramond J. Hess and Able-Hess Inc.

After de novo review of the record and the Reports and
Recommendations and the objections thereto, the following order is
entered:

AND NOW, this

t?~~ay

of August, 2015, it is

ORDERED that defendants' motions to dismiss, at docket
no.

5,

docket

granted.

The

no.

18,

Reports

opinion of the Court.
Ramond J.

docket
and

no.

and docket

Recommendations

are

no.

25

are

adopted

as

the

The complaint is dismissed as to defendants

Hess and Able Hess Inc.

return of service.

21,

for failure to file a timely

The Clerk shall mark this matter closed.

The

Rule 11 motion at docket no. 36 remains with the Magistrate Judge
for further proceedings.
BY THE COURT:

KIM R. GIBSON,
UNITED STATES DISTRICT JUDGE
Notice to counsel of record by ECF and by U.S. Mail to:
Larry A. Hasan
209 Library Court
Duquesne, PA 15110

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