IN THE UNITED STATES DISTRICT COURT 

FOR THE WESTERN DISTRICT OF PENNSYLVANIA 

DERRICK RANKINE, 1 

Plaintiff, 

v. 

RAYMOND SOBINA, et al., 

Civil Action No. 03-313 Erie 

Defendants. I 

MEMORANDUM ORDER 

This civil rights action was received by the Clerk of Court on October 1, 2003, 

and was referred to United States Magistrate Judge Susan Paradise Baxter for report 

and recommendation in accordance with the Magistrates Act, 28 U.S.C. §636(b)(I), 

and Rules 72.1.3 and 72.1.4 of the Local Rules for Magistrates. 

The Magistrate Judge's Report and Recommendation [Doc. No. 1061, filed on 

May 10, 2006, recommended that the motion to disrniss or for a more definite 

I statement filed by Defendants Members of the PRC, Sobina, McNelis, Hughes, Troyan, 

Mailman, Heckman, Herdman, Castania, Cross, Bertolino, Simosko, Munion, Prince, 

Chapley, Fey, Lucas, Heiss, Huber, Kromell, Stayer, Delosh, Wilson, Joseph and 

Mulligan [Doc. No. 691 be granted in part and denied in part. The Magistrate Judge 

recommended that the motion should be granted in that the additional Defendants 

named in the amended complaints [Doc. Nos. 6 and 331 should be dismissed due to 

Plaintiff's continued failure to serve them in accordance with the Federal Rules of Civil 

Procedure, and be denied in all other respects. 

It was further recommended that the motion to dismiss filed by Defendants 

Sobina, McNelis, Hughes, Troyan, Mailman, Heckman, Herdman, Castania, Cross, 

Bertolino, Simosko, Munion, Prince, Chapley, Fey, Lucas, Heiss, Huber, Kromell, 

Stayer, Delosh, Wilson, Joseph and Mulligan [Doc. No. 731 be dismissed as 

inappropriate. The parties were allowed ten (10) days from the date of service to file 

objections. Service was made on Plaintiff by certified mail and on Defendants. IVo 

objections were filed. After de novo review of the petition and documents in the case, 

Case 1:03-cv-00313-SJM-SPB Document 111 Filed 06/20/06 Page 1 of 2
together with the Report and Recommendation, the following order is entered: 

AND NOW, this 20th day of June, 2006; 

IT IS HEREBY ORDERED that the motion to disrr~iss or for a more definite 

statement filed by Defendants Members of the PRC, Sobina, McNelis, Hughes, Troyan, 

Mailman, Heckman, Herdman, Castania, Cross, Bertolino, Simosko, Munion, Prince, 

Chapley, Fey, Lucas, Heiss, Huber, Kroniell, Stayer, Delosh, Wilson, Joseph and 

Mulligan [Doc. No. 691 is GRANTED in part in that the additional Defendants named in 

the amended complaints [Doc. Nos. 6 and 331 are DISMISSED due to Plaintiff's 

continued failure to serve them in accordance with the Federal Rules of Civil Procedure; 

and is DENIED in all other respects. 

IT IS FURTHER ORDERED that the motion to dismiss filed by Defendants 

Sobina, MclVelis, Hughes, Troyan, Mailman, Heckman, Herdman, Castania, Cross, 

Bertolino, Simosko, Munion, Prince, Chapley, Fey, Lucas, Heiss, Hu ber, Kromell, 

Stayer, Delosh, Wilson, Joseph and Mulligan [Doc. No. 731 is DISMISSED as 

inappropriate. 

The Report and Recommendation [Doc. No. 1061 of Magistrate Judge Baxter, 

filed on May 10, 2006, is adopted as the opinion of the Court. 

S/ Sean J. McLaughlin United States District Judge 

cm: All parties of record 

Susan Paradise Baxter, U.S. Magistrate Judge 

Case 1:03-cv-00313-SJM-SPB Document 111 Filed 06/20/06 Page 2 of 2