Jones v. Prison Health Services, Incorporated et al

Filing 77

ORDER Adopting Report and Recommendation for 64 Motion to Dismiss, filed by Prison Health Services, Incorporated, 76 Report and Recommendation Signed by District Judge Lawrence P. Zatkoff. (MVer)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
SCOTT JONES,
Plaintiff,
Case No. 11-12134
Hon. Lawrence P. Zatkoff

v.
PRISON HEALTH SERVICES, et al.,
Defendants.
/

ORDER ADOPTING REPORT AND RECOMMENDATION
This matter is before the Court on the Magistrate Judge’s Report and Recommendation to
Dismiss as Moot Defendant Prison Health Services’ (“PHS”) Motion to Dismiss for Failure to
Prosecute [dkt 76]. In this case, Plaintiff, proceeding pro se, filed a complaint with the Court
alleging that Defendants—PHS, Doctors Pragna Pandya, David Sharp, Adam Edelman, Zavit
Cohen, Yasir Zaidi, John Doe 1-20; and the Michigan Department of Corrections— violated his civil
rights by denying or delaying medical care for his alleged cancer [dkt 1].
On November 10, 2011, PHS filed a Motion to Dismiss and/or for Summary Judgment on
the grounds that, inter alia, PHS cannot be held liable for constitutional violations under a
respondeat superior theory [dkt 31]. Prior to the Court addressing PHS’s Motion to Dismiss and/or
for Summary Judgment, PHS filed the instant Motion to Dismiss for Failure to Prosecute. On March
28, 2012, the Court entered an Order adopting the Magistrate Judge’s Report and Recommendation
to grant PHS’s Motion to Dismiss and/or for Summary Judgment—rendering moot PHS’s Motion
to Dismiss for Failure to Prosecute.
Accordingly, the Court hereby ADOPTS the Magistrate Judge’s

Report and

Recommendation to Dismiss as Moot PHS’s Motion to Dismiss for Failure to Prosecute and enters

it as the findings and conclusions of this Court.
Therefore, IT IS HEREBY ORDERED that the PHS’s Motion to Dismiss for Failure to
Prosecute [dkt 64] is DISMISSED AS MOOT.
IT IS SO ORDERED.

s/Lawrence P. Zatkoff
LAWRENCE P. ZATKOFF
UNITED STATES DISTRICT JUDGE
Dated: July 3, 2012
CERTIFICATE OF SERVICE
The undersigned certifies that a copy of this Order was served upon the attorneys of
record by electronic or U.S. mail on July 3, 2012.

s/Marie E. Verlinde
Case Manager
[phone]