SCOTT v. MANENTI et al

Filing 37

MEMORANDUM OPINION. Signed by Chief Judge Jerome B. Simandle on 2/22/2016. (tf, n.m.)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW JERSEY

JOSEPH SCOTT,
Plaintiff,

Civil Action
No. 15-7213 (JBS-AMD)

v.
MEMORANDUM OPINION
JOHN MANENTI, et al.,
Defendants.

SIMANDLE, Chief District Judge
1.

On September 30, 2015, Plaintiff Joseph Scott

submitted a civil complaint alleging Defendants violated his
Eighth Amendment right to adequate medical care by, among other
things, denying him a MRI of his shoulder after experiencing
excruciating pain for nearly two years. (Complaint, Docket Entry
1). The Court administratively terminated the complaint on
October 14, 2015 for failure to pay the filing fee or submit an
application to proceed in forma pauperis. (Docket Entry 4).
Plaintiff paid the filing fee on October 21, 2015, and the Court
reopened the case for review.
2.

On November 12, 2015, Plaintiff filed a motion for a

temporary restraining order and for preliminary injunction
requesting the Court order Defendants to provide him with a MRI
of his shoulder. (Motion for Injunctive Relief, Docket Entry 9).

3.

After reviewing the complaint pursuant to 28 U.S.C. §

1915A, the Court permitted the complaint to proceed in part and
ordered Defendants to show cause within 21 days of service why
an injunction should not issue. (Docket Entry 18).
4.

Counsel on behalf of the United States Government

filed a letter and accompanying affidavit on February 16, 2016,
that indicated a MRI was performed on Plaintiff’s shoulder on
January 27, 2016. (Morales Affidavit, Docket Entry 35-1 ¶¶ 4-5).
5.

The submission also includes a final report from

Inspira Medical Center in Vineland, New Jersey where Plaintiff’s
MRI took place on January 27, 2016. (Id.).
6.

The submissions to this Court indicate Plaintiff has

received the relief he requested in his Motion for Injunctive
Relief, namely a MRI of his shoulder. The Court can grant no
further relief on that motion. It shall therefore be dismissed
as moot.
7.

An appropriate Order follows.

February 22, 2016
Date

s/ Jerome B. Simandle
JEROME B. SIMANDLE
Chief U.S. District Judge

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