YOUNG v. WETZEL et al

Filing 19

ORDER THAT THE MOTIONS TO DISMISS, ECF NOS. 16 - 17 , ARE GRANTED IN PART AND DENIED IN PART AS FOLLOWS: A. THE EIGHTH AMENDMENT CLAIMS, ONLY, AGAINST DEFENDANTS DR. YANKELEVICH, DR. HANUSCHAK, AND NICHOLSON, PA-C, ARE DISMISSED WITH PREJUDICE. B. A LL OTHER CLAIMS AND DEFENDANTS ARE DISMISSED WITHOUT PREJUDICE TO YOUNGS RIGHT TO FILE AN AMENDED COMPLAINT. ON OR BEFORE SEPTEMBER 29, 2017, YOUNG SHALL FILE AN AMENDED COMPLAINT, SOLELY FOR THE PURPOSE OF ADDRESSING THE DEFICIENCIES IDENTIFIED IN T HE OPINION ISSUED THIS DATE. YOUNG IS ADVISED THAT IF HE FAILS TO TIMELY FILE AN AMENDED COMPLAINT, THIS CASE MAY BE DISMISSED WITHOUT FURTHER NOTICE. SIGNED BY HONORABLE JOSEPH F. LEESON, JR ON 8/2917. 8/31/17 ENTERED AND COPIES MAILED TO PRO SE, E-MAILED.(mas, )

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF PENNSYLVANIA
______________________________________________
DWAYNE YOUNG,

:
:
Plaintiff,
:
v.
:
:
JOHN E. WETZEL; JOHN THOMAS;
:
CORRECT CARE SOLUTIONS;
:
SHIRLEY LAWS-SMITH; ALICIA D. ROSS;
:
:
ANTHONY ROPER; 1 DAVID BRICE;
DR. RAUL YANKELEVICH;
:
DR. LEE HANUSCHAK; JOHN NICHOLSON, :
:
Defendants.
:
__________________________________________

No. 2:15-cv-06884

ORDER
AND NOW, this 29th day of August, 2017, for the reasons set forth in the Opinion issued
this date, it is ORDERED as follows:
1.

The Motions to Dismiss, ECF Nos. 16-17, are GRANTED in part and DENIED in
part as follows:
A.

The Eighth Amendment claims, only, against Defendants Dr. Yankelevich,
Dr. Hanuschak, and Nicholson, PA-C, are DISMISSED with prejudice.

B.

All other claims and Defendants are DISMISSED without prejudice to
Young’s right to file an amended complaint.

2.
On or before September 29, 2017, Young SHALL file an amended complaint,
solely for the purpose of addressing the deficiencies identified in the Opinion issued this date.
Young is advised that if he fails to timely file an amended complaint, this case may be dismissed
without further notice.
BY THE COURT

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

1

Incorrectly spelled “Croper” on the docket.
1