Gomez v. Cullen et al

Filing 50

ORDER (memorandum filed previously as separate docket entry #49 ) re #38 - AND NOW, on this 7th day of June 2021, in accordance with the Memorandum issued concurrently with this Order, IT IS ORDERED THAT: 1. Defendants motion to dismiss and/or for summary judgment (Doc. No. 38) is GRANTED in part and DENIED in part. See Order for complete details. Signed by Honorable Yvette Kane on 6/7/21. (dmn) [Transferred from Pennsylvania Middle on 6/7/2021.]

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
JORGE GOMEZ,
Plaintiff,
v.
THOMAS CULLEN, et al.,
Defendants

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No. 1:20-cv-01637
(Judge Kane)

ORDER
AND NOW, on this 7th day of June 2021, in accordance with the Memorandum issued
concurrently with this Order, IT IS ORDERED THAT:
1.

Defendants’ motion to dismiss and/or for summary judgment (Doc. No. 38) is
GRANTED in part and DENIED in part, as follows:
a. The motion (Doc. No. 38) is GRANTED as to: (1) Plaintiff’s official capacity
Bivens claims against Defendants Cullen and Parkyn and his official and
individual capacity claims against Defendant Zalno; (2) Plaintiff’s Eighth
Amendment Bivens claims against Defendants Cullen and Parkyn in their
individual capacities; and (3) Plaintiff’s FTCA medical negligence claims
against the United States, and the Clerk of Court is directed to enter judgment
in favor of Defendants Cullen, Parkyn, Zalno, and the United States and
against Plaintiff Jorge Gomez as to these claims;
b. The motion (Doc. No. 38) is DENIED to the extent Defendants seek dismissal
of Plaintiff’s Bivens claims against Defendants Foster, Sorrell, and Robinson;

2.

The Clerk of Court is directed to TRANSFER this action to the United States
District Court for the Northern District of New York for further proceedings as to
Plaintiff’s Bivens claims against Defendants Foster, Sorrell, and Robinson and his
FTCA ordinary negligence claims concerning events at FCI Ray Brook; and

3.

The Clerk of Court is directed to CLOSE the above-captioned action.

s/ Yvette Kane
Yvette Kane, District Judge
United States District Court
Middle District of Pennsylvania