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15-127 - BANKS v. UNITED STATES MARSHALS SERVICE et al


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15-127 - BANKS v. UNITED STATES MARSHALS SERVICE et al
October 1, 2015
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REPORT AND RECOMMENDATION re 15 MOTION to Remand filed by FREDERICK BANKS. It is respectfully recommended that Plaintiff's Motion to Remand 15 be denied. Objections to R&R due by 10/19/2015. Signed by Magistrate Judge Lisa Pupo Lenihan on 10/1/15. (clh) Modified on 10/2/2015 to correct typo. (ksa)
November 3, 2015
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MEMORANDUM ORDER denying petitioner's 15 Motion to Remand and adopting 17 Report and Recommendation of Magistrate Judge Lenihan as the opinion of the Court. Signed by Judge David S. Cercone on 11/3/15. (njt)
January 19, 2016
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re to do so by the deadline will result in the District Judge ruling on the pending 28 Report and Recommendation without further notice. Signed by Magistrate Judge Lisa Pupo Lenihan on 1/19/16. (clh) Modified on 1/20/2016 to add additional docket text. (ksa)MEMORANDUM ORDER denying 29 Motion for Sanctions; denying as moot Motion for Hearing re 29 MOTION for Sanctions; denying MOTION to Join Defendants; denying MOTION for Hearing on the Issue of Whether the County Defendants Harper, Schenk and McSwiggin are Avoiding Service filed by FREDERICK BANKS. However, Plaintiff shall be allowed an additional fourteen (14) days, until February 2, 2016, to file proper proofs of service with the Court as to Defendants Harper, Schenk and McSwiggin. Failu
February 16, 2016
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REPORT AND RECOMMENDATION re 10 MOTION to Dismiss for Lack of Jurisdiction, MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, filed by DAVID HICKTON, KEN SALAZAR, USA INSPECTOR GENERAL, UNITED STATES OF AMERICA, DIRECTOR, UNITED STATES MARSHAL, JOY FLOWERS CONTI, NORA BARRY FISCHER, BUREAU OF INDIAN AFFAIRS, DIRECTOR/COMMISSIONER OF INDIAN AFFAIRS, UNITED STATES MARSHALS SERVICE, ERIC HOLDER. it is respectfully recommended that the Motion to Dismiss (ECF No. 10) filed by the United States of America; the United States Marshals Service; Director, United States Marshal; David Hickton, U.S. Attorney; Chief Judge Joy Flowers Conti; Judge Nora Barry Fischer; Eric Holder, Attorney General; USA Inspector General; Ken Salazar, U.S Department of the Interior; Director/Commissioner of Indian Affairs; and the Bureau of Indian Affairs, be granted, and the Complaint be dismissed with prejudice as to the Federal Defendants. Objections to R&R due by 3/4/2016. Signed by Magistrate Judge Lisa Pupo Lenihan on 2/16/16. (clh)
February 24, 2016
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REPORT AND RECOMMENDATION re 22 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, MOTION to Dismiss for Lack of Jurisdiction, MOTION to Strike Allegheny County Jail from Complaint filed by RICH FITZGERALD and COUNTY OF ALLEGHENY. It is respectfully recommended that the Motion to Dismiss Complaint and to Strike Defendant Allegheny County Jail from Caption (ECF No. 22), filed by Defendants County of Allegheny and Rich Fitzgerald, be granted, and the Allegheny County Jail be stricken from the caption and the Complaint be dismissed with prejudice as to Defendants County of Allegheny and Rich Fitzgerald. Objections to R&R due by 3/14/2016. Signed by Magistrate Judge Lisa Pupo Lenihan on 2/24/16. (clh)
March 24, 2016
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MEMORANDUM ORDER granting 10 Motion to Dismiss filed by defendants UNITED STATES OF AMERICA; UNITED STATES MARSHAL SERVICE; DIRECTOR, UNITED STATES MARSHAL; DAVID HICKTON, U.S. ATTORNEY; CHIEF JUDGE JOY FLOWERS CONTI; JUDGE NORA BARRY FISCHER; ERIC HOLDER, ATTORNEY GENERAL; USA INSPECTOR GENERAL; KEN SALAZAR, U.S. DEPARTMENT OF THE INTERIOR; DIRECTOR/COMMISSIONER OF INDIAN AFFIRS; and BUREAU OF INDIAN AFFAIRS. Case dismissed with prejudice as to these defendants. Further adopting 34 Report and Recommendation of Magistrate Judge Lenihan as the opinion of the Court. Signed by Judge David S. Cercone on 3/23/16. (njt)
April 5, 2016
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MEMORANDUM ORDER granting defendants' 22 Motion to Dismiss the Complaint and Strike Allegheny County Jail from the Caption. Case is dismissed with prejudice as to defendants COUNTY OF ALLEGHENY and RICH FITZGERALD; defendant ALLEGHENY COUNTY JAIL is stricken from caption; and 36 Report and Recommendation of Magistrate Judge Lenihan is adopted as the opinion of the Court. Signed by Judge David S. Cercone on 4/4/16. (njt)