LIVINGSTON v. JOHN DOE APPEL et al

Filing 29

ORDER THAT DEFENDANT CORRECTIONAL MEDICAL CARE, INC.'S MOTION 7 IS GRANTED; DEFENDANTS LT. EDWARD APPEL AND WARDEN JULIO ALGARIN'S MOTION TO DISMISS 8 IS GRANTED IN PART, AS TO DEFENDANT WARDEN JULIO ALGARIN, AND DENIED IN PART, AS TO D EFENDANT LT. EDWARD APPEL; THE PARTIES SHALL TAKE DISCOVERY INITIALLY; PLAINTIFF IS GRANTED LEAVE TO FILE AN AMENDED COMPLAINT WITHIN THRITY (30) DAYS. SIGNED BY HONORABLE MICHAEL M. BAYLSON ON 12/5/14. 12/5/14 ENTERED AND COPIES MAILED TO PRO SE AND E-MAILED.(ti, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA

ANDRE LIVINGSTON,
Plaintiff,
v.

CIVIL ACTION

NO. 11-2764

JOHN DOE APPEL, et al.
Defendant.
ORDER RE CORRECTIONAL MEDICAL INC.’S MOTION TO DISMISS AND LT.
EDWARD APPEL AND WARDEN JULIO M. ALGARIN’S MOTION TO DISMISS
PLAINTIFF’S COMPLAINT OR, IN THE ALTERNATIVE FOR SUMMARY
JUDGMENT
AND NOW, this 5th

day of December, 2014, upon consideration of Defendant

Correctional Medical Care, Inc.’s (captioned as “Medical Department”) Motion to Dismiss (ECF
No. 7), Defendants Lt. Edward Appel and Warden Julio Algarin’s Motion to Dismiss or, in the
Alternative, for Summary Judgment (ECF No. 8), Plaintiff’s Response (titled “Motion to
Dismiss the Motion of Defendants”) (ECF No. 26), and Defendants Lt. Edward Appel and
Warden Julio Algarin’s Reply in support of their motion (ECF No. 27), it is hereby ORDERED
that:
1. Defendant Correctional Medical Care, Inc.’s Motion (ECF No. 7) is GRANTED;
2. Defendants Lt. Edward Appel and Warden Julio Algarin’s Motion to Dismiss (ECF
No. 8) is GRANTED IN PART, as to Defendant Warden Julio Algarin, and
DENIED IN PART, as to Defendant Lt. Edward Appel;
3. The parties shall take discovery initially on the issue of exhaustion of administrative
remedies within sixty (60) days of the entry of this Order, with leave for Defendants

to renew their motion for summary judgment limited to that issue at the end of the
sixty-day period;
4. Plaintiff is granted leave to file an amended complaint within thirty (30) days.

BY THE COURT:
/s/ Michael M. Baylson
_______________________________
MICHAEL M. BAYLSON, U.S.D.J.
O:\CIVIL 11\11-2764 livingston v. appel\11cv2764 112014 MTD Order.docx

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