SMART v. ALLEGHENY COUNTY

No. 2:15cv953.

TIARA SMART, Administratrix of the Estate of FRANK SMART, JR., Deceased, Plaintiff, v. ALLEGHENY COUNTY d/b/a ALLEGHENY COUNTY JAIL; and ORLANDO HARPER, Defendants.

United States District Court, W.D. Pennsylvania.

Editors Note
Applicable Law: 28 U.S.C. § 1441cr
Cause: 28 U.S.C. § 1441cr Notice of Removal - Civil Rights
Nature of Suit: 440 Civil Rights: Other
Source: PACER


Attorney(s) appearing for the Case

TIARA SMART, Plaintiff, represented by George M. Kontos , Kontos Mengine Law Group.

TIARA SMART, Plaintiff, represented by Katie A. Killion , Kontos Mengine Law Group.

ALLEGHENY COUNTY JAIL, Defendant, represented by Dennis R. Biondo, Jr. , Allegheny County Law Department.

ORLANDO HARPER, Defendant, represented by Dennis R. Biondo, Jr. , Allegheny County Law Department.


MEMORANDUM ORDER

DAVID STEWART CERCONE, District Judge.

The present action was initiated in this Court on July 23, 2015. The case was referred to United States Magistrate Judge Cynthia Reed Eddy for pretrial proceedings in accordance with Magistrate Judges Act, 28 U.S.C. § 636(b)(1) and Local Rules of Court 72.C and 72.D.

On July 21, 2017, Magistrate Judge Eddy issued a Report and Recommendation ("R&R"), [ECF No. 52], recommending that that Defendants' Motion for Summary Judgment, [ECF No. 47], be denied.

The parties were informed that in accordance with the Magistrate Judges Act, 28 U.S.C. § 636(b), Federal Rule of Civil Procedure 72(b)(2), and LCvR 72.D.2, objections to the R&R were due by August 4, 2017. In addition, the parties were warned that failure to file objections within that timeframe will waive the right to appeal. To date, no objections have been filed.

After a de novo review of the pleadings and documents in this case, together with the R&R, the Court agrees with the R&R's conclusion that summary judgment is inappropriate because Defendants' "entire motion is premised on genuine disputes of material fact." [R&R at 11-14]. Accordingly, the following Order is entered:

AND NOW, this 9th day of August, 2017, IT IS HEREBY ORDERED that Defendants' Motion for Summary Judgment [ECF No. 47] is DENIED.

IT IS FURTHER ORDERED that the Report and Recommendation [ECF No. 52] is ADOPTED as the Opinion of the District Court.


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