Opinion
Civil Action 23-1433
09-11-2024
SHEILA HARPER, as administrator of the ESTATE of ROBERT EDWARD HENRY HARPER, Plaintiff, v. ALLEGHENY COUNTY, et al., Defendants.
Maureen P. Kelly Magistrate Judge
MEMORANDUM ORDER
Cathy Bissoon United States District Judge
This case has been referred to United States Magistrate Judge Maureen P. Kelly for pretrial proceedings in accordance with the Magistrates Act, 28 U.S.C. §§ 636(b)(1)(A) and (B), and Local Rule of Civil Procedure 72.
On July 10, 2024, the Magistrate Judge issued a Report (Doc. 26) recommending that the Motion to Dismiss (Doc. 12) be granted in part and denied in part. Service of the Report and Recommendation (“R&R”) was made on the parties, and no objections have been filed.
After a de novo review of the pleadings and documents in the case, together with the R&R, it hereby is ORDERED that the Motion to Dismiss (Doc. 12) is GRANTED IN PART and DISMISSED IN PART, as summarized in the Conclusion section of the R&R. See Doc. 26 at 17.
By October 2, 2024, Plaintiff may file a second amended complaint, attempting to cure the deficiencies, identified in the R&R. See generally Doc. 26. The Court will not grant further opportunity for amendment, so Plaintiff must make last, best efforts to plead legally supportable claims against the relevant parties. If an amended complaint is not timely filed, dismissal of Plaintiff's claims summarily will be converted to with-prejudice.
Lastly, the R&R (Doc. 26) is adopted as the Opinion of the District Court.
IT IS SO ORDERED.