BLACK et al v. ALLEGHENY COUNTY et al
Filing
46
MEMORANDUM ORDER denying defendant's 29 Motion to Dismiss Amended Complaint and adopting 38 Report and Recommendation of Magistrate Judge Eddy as the opinion of the Court. Signed by Judge David S. Cercone on 7/19/13. (njt)
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IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
DEBRA BLACK; EARL BLACK,
Administrators of the Estate of
DERECK E. BLACK,
Plaintiffs,
v.
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Civil Action No. 2:13cv00179
Electronic Filing
District Judge David Stewart Cercone
Magistrate Judge Cynthia Reed Eddy
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ALLEGHENY COUNTY; ALLEGHENY
COUNTY CORR. SERVICES;
WILLIAM S. STICKMAN, III; DANA
PHILLIPS; MICHAEL PATTERSON,
M.D.; LUCILLE AIKEN, M.D.; KIM
WILSON, M.D.; TRACY HARTEL, R.N.;
CHRIS MARSH, R.N.; VALERY
SLEPSKY; MEDICAL STAFF JOHN
AND JANE DOES No.1-IS;
CORRECTIONAL STAFF JOHN AND
JANE DOES No.1-IS,
Defendants.
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MEMORANDUM ORDER
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AND NOW, this
'1 day of July 2013, the Plaintiffs having filed, on April 1, 2013, an
Amended Complaint in this civil rights action [ECF No. 25], and Defendants William Stickman,
HI and Allegheny County, having filed a Motion to Dismiss the Amended Complaint [ECF No.
29], the Magistrate Judge filed, on June 10, 2013, a Report and Recommendation [ECF No. 31]
respectfully recommending that the Defendants' Motion to Dismiss the Amended Complaint
[ECF No. 19] be denied. Objections to this Report and Recommendation were due by June 24,
2013. As of the Date of this Order, no Objections have been filed.
Upon independent review of the record, and upon consideration of the Magistrate Judge's
Amended Report and Recommendation, which is adopted as the opinion of this Court, IT IS
HEREBY ORDERED that the Defendant's Motion to Dismiss the Amended Complaint [ECF
No. 29] is DENIED.
David Stewart Cercone
United States District Judge
cc:
Timothy M. Kohlman, Esquire
W. Charles Sipio, Esquire
Craig E. Maravich, Esquire
Stanley A. Winikoff, Esquire
(Via CMlECF Electronic Mail)
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