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06-174 - RICHARDSON v. MACHEN et al


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06-174 - RICHARDSON v. MACHEN et al
January 17, 2008
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REPORT AND RECOMMENDATION that 25 MOTION to Dismiss filed by JIM DURKIN, STEVEN MCCLINTOCK, MICHAEL J. MACHEN, COUNTY OFFICIALS IN ALLEGHENY COUNTY, be granted. It is further recommended that, pursuant to the authority granted to courts in the Prison Litigation Reform Act, Plaintiff's claims against unnamed Defendants "County Officials in Allegheny County" be dismissed in their entirety, as Plaintiff has failed to identify and serve said Defendants within 120 days, in accordance with the requirements of Rule 4(m) of the Federal Rules of Civil Procedure. Objections to R&R due by 2/4/2008. Signed by Judge Susan Paradise Baxter on 1/16/08. (lrw)
February 7, 2008
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MEMORANDUM ORDER: AND NOW, this 7th day of February, 2008; IT IS ORDERED that Defendants' Motion to Dismiss 25 be, and hereby is, GRANTED. IT IS FURTHER ORDERED that the claims against unnamed Defendants "County Officials in Allegheny County" be, and hereby are, DISMISSED in their entirety, as Plaintiff has failed to identify and serve said Defendants within 120 days as required by Rule 4(m) of the Federal Rules of Civil Procedure. The Report and Recommendation of Chief Magistrate Judge Baxter, dated January 17, 2008 37, is adopted as the opinion of this Court. Signed by Judge Sean J. McLaughlin on 02/07/2008. (kas)