WOODELL v. PA. DEPARTMENT OF CORRECTIONS AT GRATERFORD et al

Filing 107

ORDER THAT THE CLERK OF COURT IS DIRECTED TO REMOVE THIS ACTION FROM CIVIL SUSPENSE AND RETURN IT TO THE UNDERSIGNED'S ACTIVE DOCKET. WOODELL'S FIFTH AMENDED COMPLAINT (DOC. NO. 105) IS DISMISSED WITH PREJUDICE EXCEPT FOR ANY OFFICIAL CAPACITY CLAIMS AGAINST CYNTHIA LINK, LAURA BANTA, GEORGE ONDREJKA, JOSEPH TERRA, TAMMY FERGUSON, MANDY SIPPLE, DORINA VARNER, AND JOHN SILVA, WHICH ARE DISMISSED WITHOUT PREJUDICE FOR LACK OF SUBJECT-MATTER JURISDICTION. WOODELL DOES NOT HAVE LEAVE TO FILE A SIXTH AMENDED COMPLAINT. THE CLERK OF COURT IS DIRECTED TO CLOSE THIS CASE. SIGNED BY HONORABLE EDWARD G. SMITH ON 9/4/20. 9/4/20 ENTERED AND COPIES ( NOT MAILED TO PRO SE PLAINTIFF), E-MAILED.(er, )

Case 2:18-cv-01098-EGS Document 107 Filed 09/04/20 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
RANCOURT WOODELL,
Plaintiff,
v.
DR. STEPHEN WEINER, M.D.O.;
PHYSICIAN ASSISTANT STEPHEN
KAMINSKY; LICENSED NURSE
PRACTITIONER JEANNE
DE FRANGESCO; CORRECTIONS
HEALTH CARE ADMINISTRATOR JOE
KORSZNIAK; REGISTER NURSE
SUPERVISOR BOB GROSSMAN;
TOMASZ BORZECKI, L.P.N.; SAM DOE,
L.P.N.; JAIME LINK, R.N.;
SUPERINTENDENT CYNTHIA LINK;
DEPUTY SUPERINTENDENT LAURA
BANTA; DEPUTY SUPERINTENDENT
GEORGE ONDREJKA; JOSEPH TERRA
(now Deputy Superintendent);
SUPERINTENDENT TAMMY
FERGUSON; DEPUTY
SUPERINTENDENT MANDY SIPPLE;
now acting CORRECTION HEALTH
CARE ADMINISTRATOR, DONNA
VARNER; PA.D.O.C. CHIEF
GRIEVANCE & APPEALS
COORDINATOR, JOHN SILVA
(m.s. Silvia); and PA.D.O.C. BUREAU OF
HEALTH CARE SERVICES, sued in their
individual and official capacities,
Defendants.

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CIVIL ACTION NO. 18-1098

ORDER
AND NOW, this 4th day of September, 2020, after considering the fifth amended
complaint filed by the pro se plaintiff, Rancourt Woodell (“Woodell”) (Doc. No. 105); and the
court having reviewed the fifth amended complaint pursuant to the screening powers under 28

Case 2:18-cv-01098-EGS Document 107 Filed 09/04/20 Page 2 of 2

U.S.C. § 1915(e)(2)(B); and, for the reasons stated in the separately filed memorandum opinion;
it is hereby ORDERED as follows:
1.

The clerk of court is DIRECTED to REMOVE this action from civil suspense and

RETURN it to the undersigned’s active docket;
2.

Woodell’s fifth amended complaint (Doc. No. 105) is DISMISSED WITH

PREJUDICE except for any official capacity claims against Cynthia Link, Laura Banta, George
Ondrejka, Joseph Terra, Tammy Ferguson, Mandy Sipple, Dorina Varner, and John Silva, which
are DISMISSED WITHOUT PREJUDICE for lack of subject-matter jurisdiction;
3.

Woodell does not have leave to file a sixth amended complaint; and

4.

The clerk of court is DIRECTED to CLOSE this case.
BY THE COURT:

/s/ Edward G. Smith
EDWARD G. SMITH, J.

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