LOMAX v. CITY OF PHILADELPHIA et al

Filing 45

OPINION/ORDER THAT CORIZON'S MOTION FOR SUMMARY JUDGMENT, ECF NO. 33 IS GRANTED SUCH THAT JUDGMENT IS ENTERED IN FAVOR OF DEFENDANT CORIZON AND IN FAVOR OF DEFENDANT DR. DAVID DAVIS AND AGAINST PLAINTIFF LOMAX. LOMAX'S MOTION FOR SUMMARY J UDGMENT, ECF NO. 40, IS DENIED. LOMAX'S CLAIMS AGAINST DEFENDANTS CITY OF PHILADELPHIA, MAYOR NUTTER, AND THE CFCF MENTAL HEALTH DEPARTMENT ARE DISMISSED WITHOUT PREJUDICE. LOMAX IS PERMITTED LEAVE TO FILE AN AMENDED COMPLAINT WITH RESPECT TO H IS CLAIMS AGAINST DEFENDANTS CITY OF PHILADELPHIA, MAYOR NUTTER, AND THE CFCF MENTAL HEALTH DEPARTMENT NO LATER THAN APRIL 28, 2017. LOMAX IS ADVISED THAT IF HE FAILS TO FILE AN AMENDED COMPLAINT, THIS CASE WILL BE CLOSED WITHOUT FURTHER NOTICE. SIGNED BY HONORABLE JOSEPH F. LEESON, JR ON 3/29/17. 3/30/17 ENTERED AND COPIES MAILED TO PRO SES' AND E-MAILED.(ky, )

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF PENNSYLVANIA
__________________________________________
KEVIN LOMAX,

:
:
Plaintiff,
:
:
v.
:
:
CITY OF PHILADELPHIA; MAYOR NUTTER; :
PHILADELPHIA PRISON SYSTEM;
:
CFCF; CORIZON, INC.; DR. DAVID DAVIS; and :
CFCF MENTAL HEALTH DEPT.,
:
:
Defendants.
:
__________________________________________

No. 2:13-cv-01078

ORDER
AND NOW, this 29th day of March, 2017, upon consideration of Defendant Corizon,
Inc.’s Motion for Summary Judgment, ECF No. 33, and Plaintiff Kevin Lomax’s Motion for
Summary Judgment, ECF No. 40, and having screened Lomax’s claims against the remaining
Defendants under 28 U.S.C. § 1915, and for the reasons set forth in the Opinion issued this date,
IT IS ORDERED THAT:
1. Corizon’s Motion for Summary Judgment, ECF No. 33, is GRANTED, such that
judgment is ENTERED in favor of Defendant Corizon and in favor of Defendant Dr.
David Davis and against Plaintiff Lomax;
2. Lomax’s Motion for Summary Judgment, ECF No. 40, is DENIED;
3. Lomax’s claims against Defendants City of Philadelphia, Mayor Nutter, and the CFCF
Mental Health Department are DISMISSED without prejudice;
4. Lomax is permitted leave to file an amended complaint with respect to his claims against
Defendants City of Philadelphia, Mayor Nutter, and the CFCF Mental Health Department

no later than April 28, 2017. Lomax is advised that if he fails to file an amended
complaint, this case will be closed without further notice.

BY THE COURT:

/s/ Joseph F. Leeson, Jr._________
JOSEPH F. LEESON, JR.
United States District Judge

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