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Griffin v. Wingard

United States District Court, W.D. Pennsylvania

April 25, 2014

JAMAAL R. GRIFFIN, Plaintiff,
v.
JEFFERY A. WINGARD, Badge #16253; STEVE PIACENTI; CITY OF PITTSBURGH; TARA SMITH, Magistrate Judge, Jurisdiction Lincoln Avenue, Defendants.

MEMORANDUM ORDER

CATHY BISSOON, District Judge.

On June 10, 2013, this case was referred to United States Magistrate Judge Maureen P. Kelly for pretrial proceedings in accordance with the Magistrates Act, 28 U.S.C. ยงยง 636(b)(1)(A) and (B), and Rules 72.C, 72.D and 72.G of the Local Rules for Magistrates. On March 25, 2014, the magistrate judge issued a Report and Recommendation (Doc. 45) recommending that Defendant Jeffery A. Wingard's Motion to Dismiss (Doc. 23) and Defendant City of Pittsburgh's Motion to Dismiss (Doc. 39) be granted and all of Plaintiff's claims be dismissed. Service of the Report and Recommendation 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 motions to dismiss, Plaintiff's response to Defendant Wingard's Motion to Dismiss[1], and the Report and Recommendation, the following Order is entered:

AND NOW, this 25th day of April, 2014,

IT IS HEREBY ORDERED that the March 25, 2014 Report and Recommendation (Doc. 45) is adopted as the opinion of the Court, with one noted exception.

Defendant Wingard's Motion to Dismiss (Doc. 23) is GRANTED with prejudice, however, the Court finds that the grant of leave to amend is not warranted in this case, as amendment would be futile. In addition, Defendant City of Pittsburgh's Motion to Dismiss (Doc. 39) is GRANTED with prejudice. Simply put, Plaintiff alleges no plausible claim that, subject to amendment, could be made viable.

Furthermore, because absolute immunity applies to the claims asserted against Magisterial District Judge Tara Smith, and because Plaintiff fails to allege any claims against any remaining party within the jurisdiction of this Court, all remaining claims are DISMISSED with prejudice.


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