Evans v. Sexton et al

Filing 169

MEMORANDUM. Signed by Judge Richard G. Andrews on 4/9/2020. (nms)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
AUGUSTUS HEBREW EVANS , JR. ,
Plaintiff,
Civil Action No. 16-598-RGA

V.

LEZLEY SEXTON , et al. ,
Defendants.

MEMORANDUM
1.

Introduction . Plaintiff Augustus Hebrew Evans , Jr., an inmate at the

James T. Vaughn Correctional Center in Smyrna , Delaware, filed this action pursuant to
42 U.S.C. § 1983 asserting constitutional violations and raising supplemental state
claims. He appears pro se and has been granted leave to proceed in forma pauperis.
(D.I. 6) . The Second Amended Complaint is the operative pleading. (0 .1. 77). Plaintiff
renews his request for counsel and Connections Defendants Lezley Sexton , Christine
Francis , and Dr. Herman Ellis move for judgment on the pleadings to dismiss the
medical negligence claims against them . (0.1. 155, 166).
2.

Request for Counsel . On December 13, 2019 , Plaintiff renewed his

request for counsel. (0 .1. 155). Plaintiff seeks counsel to assist him with his medical
negligence claims . As discussed below, Plaintiff does not oppose the motion for
judgment on the plead ings to dismiss medical negligence claims filed by Connections.
Therefore, the renewed request for counsel will be denied without prejudice.

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3.

Motion for Judgment on the Pleadings. Connections Defendants move

the Court to adopt its ruling in its July 11 , 2019 memorandum opinion and order and
dismiss all medical negligence claims against them . (0 .1. 166). Neither Plaintiff nor
Defendants Dr. Anthony Cannuli and Dr Deborah Muscarella filed an opposition to the
motion to dismiss the medical negligence claims against the Connections Defendants.
(See 0 .1. 167, 168). Accordingly, the motion will be granted and the medical negligence
claims will be dismissed .
4.

Conclusion. Based upon the above discussion , the Court will :

(1) deny without prejudice Plaintiff's request for counsel (D .I. 155); and (2) grant
Connections Defendants unopposed motion for judgment on the pleadings to dismiss
medical negligence claims against them (D .I. 166). An appropriate order will be
entered .

/s/ Richard G. Andrews
UNITED STATES DISTRICT JUDGE
April 9, 2020
Wilmington , Delaware

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