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Frederick Brennan v. Commonwealth of Pennsylvania

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


February 7, 2012

FREDERICK BRENNAN ,
PLAINTIFF,
v.
COMMONWEALTH OF PENNSYLVANIA , OFFICER CLOUSE , OFFICER PANCHICK , ARNOLD POLICE STATION , LAWRENCE KOENIG , ESQ .,
DEFENDANTS.

The opinion of the court was delivered by: David Stewart Cercone United States District Judge

Electronic Filing Judge Cercone Magistrate Judge Eddy

MEMORANDUM ORDER

The above captioned case was initiated by the filing of a motion to proceed in forma pauperis (Doc. No. 1) on February 4, 2011, and was referred to a United States Magistrate Judge for pretrial proceedings in accordance with the Magistrate Judges Act, 28 U.S.C. ' 636(b)(1), and the local rules of court.

On January 5, 2012, the Magistrate Judge filed a Report and Recommendation (Doc. No. 46) recommending that the Motion to Dismiss filed by Westmoreland County and Lawrence Koening be granted based on the lack of allegations as to Westmoreland County's involvement in any claimed violation of plaintiff's Sixth Amendment rights and the failure to state a claim for relief against Lawrence Koening and/or his entitlement to qualified immunity. Plaintiff was served with the Report and Recommendation at his listed address and was advised that he had until December 30, 2011, to file written objections to the Report and Recommendation. Plaintiff has failed to file any objections.

Accordingly, after de novo review of the pleadings and documents in this case, together with the Report and Recommendation, the following order is entered:

AND NOW, this 7th day of February, 2012,

IT IS ORDERED that [39] the Motion to Dismiss filed by Westmoreland County and Assistant District Attorney Lawrence Koenig be, and the same hereby is, GRANTED;

IT IS FURTHER ORDERED that the Claims against these defendants are DISMISSED with prejudice; and

IT IS FURTHER ORDERED that [46] the Report and Recommendation of January 5, 2012, is ADOPTED as the Opinion of the Court.

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