Carter v. Mullen

Full title: PARIS CARTER, Plaintiff, v. WILLIAM P. MULLEN, SHERIFF OF ALLEGHENY…

Court: UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA

Date published: Sep 13, 2013

2:11-cv-00825 (W.D. Pa. Sep. 13, 2013)

Opinion

2:11-cv-00825

2013-09-13

PARIS CARTER, Plaintiff, v. WILLIAM P. MULLEN, SHERIFF OF ALLEGHENY COUNTY, DEPUTY SHERIFF JAMES RAINEY, DEPUTY SHERIFF RYAN FOSTER, JESSE ENGRAM, and ALLEGHENY COUNTY, Defendants.

David Stewart Cercone

Electronic Mail

ECF Nos. 43, 48, 63

MEMORANDUM ORDER

Plaintiff filed a Motion for Leave to Proceed in Forma Pauperis (ECF No. 1) on June 22, 2011, which was denied by the Court on June 27, 2011 (ECF No. 2). Plaintiff filed a subsequent Motion to Proceed in Forma Pauperis (ECF No. 3) on July 13, 2011, which was granted by the Court (ECF No. 4) on July 14, 2011. Plaintiff's Complaint was filed the same day. On July 20, 2011, Plaintiff, represented by counsel, filed an Amended Complaint (ECF No. 6). The case was referred to Chief United States Magistrate Judge Lisa Pupo Lenihan for pretrial proceedings in accordance with the Magistrate Judges Act, 28 U.S.C. § 636(b)(1), and Rules 72.C and 72.D of the Local Rules of Court.

The Magistrate Judge's Report and Recommendation (ECF No. 63) filed on August 12, 2013, recommended that the Motions for Summary Judgment filed by all Defendants (ECF Nos. 43 & 48) be granted. Service was made on all counsel of record. The parties were informed that in accordance with the Magistrate Judges Act, 28 U.S.C. § 636(b)(1)(B) and (C), and Local Rule of Court 72.D.2, the parties had fourteen (14) days from the date of service to file objections to the Report and Recommendation. Plaintiff filed Objections (ECF No. 64) on August 26, 2013, and Defendants Rainey, Foster and Mullen filed a Response thereto (ECF No. 65) on September 3, 2013.

After review of the pleadings, documents in the case and the Objections, together with the Report and Recommendation, the following Order is entered:

AND NOW, this 13^th day of September, 2013, it is hereby ORDERED that the Motions for Summary Judgment (ECF Nos. 43 & 48) are GRANTED.

IT IS FURTHER ORDERED that the Report and Recommendation (ECF No. 63) of Chief Magistrate Judge Lenihan, dated August 12, 2013, is adopted as the Opinion of the Court.

The clerk shall mark the case CLOSED.

____________

David Stewart Cercone

United States District Judge
cc: Honorable Lisa Pupo Lenihan

Marvin Leibowitz, Esquire

Lisa G. Michel, Esquire

Craig E. Maravich, Esquire

Michael H. Wojcik, Esquire

(Via CM/ECF Electronic Mail)