Enright v. United States Of America et al

Filing 52

ORDER (Memorandum 51 filed previously as separate docket entry) - It is hereby ORDERED that: 1. Perry Co defts' MTD 33 GRANTED as follows...(see Paras 1a-b for specifics).; 2. US's MTD 35 GRANTED - Fed Tort Claims Act against USA DISM ISSED w/ prejudice.; 3. PrimeCare's MTD 37 GRANTED - action against PrimeCare Medical, Inc. DISMISSED w/out prejudice.; 4. Pltf gr'd leave to amend complaint w/in 20 days of date of this order... (see Para 4 for specifics).; 5. Pltf shal l show cause w/in 20 days of date of this order why certain defts.. (see order) should not be dismissed form action pursuant to Rule 4(m) of FRCP as they are not yet id'd or served...; 6. If pltf fails to amend comlaint per Para 4 & fails to show cause per Para 5 Clrk of Ct will be directed to close case. (See order for complete details.) Signed by Chief Judge Christopher C. Conner on 8/28/15. (ki)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
JUSTIN MICHAEL ENRIGHT,
Plaintiff
v.
UNITED STATES OF AMERICA,
et al.,
Defendants

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CIVIL NO. 1:14-CV-103
(Chief Judge Conner)

ORDER
AND NOW, this 28th day of August, 2015, upon consideration of defendants’
motions (Docs. 33, 35, 37) to dismiss, and for the reasons set forth in the court’s
memorandum of the same date, it is hereby ORDERED that:
1.

The Perry County defendants’ motion (Doc. 33) to dismiss is
GRANTED as follows:
a.

Perry County Prison is DISMISSED with prejudice as a party to
this action.

b.

Plaintiff’s claims against Perry County, Commissioner Brenda
Benner, Commissioner Stephen Naylor, Commissioner Paul
Rudy, Jr., and Warden David Yeingst are DISMISSED without
prejudice.

2.

The United States’ motion (Doc. 35) to dismiss is GRANTED. The
Federal Tort Claims Act claim against the United States of America is
DISMISSED with prejudice.

3.

PrimeCare’s motion (Doc. 37) to dismiss is GRANTED. The action
against PrimeCare Medical, Inc. is DISMISSED without prejudice.

4.

Plaintiff is granted leave to amend his complaint within twenty (20)
days of the date of this order. Any amended pleading filed pursuant to
this paragraph shall be filed to the same docket number as the instant
action, and shall be titled “Second Amended Complaint,” and shall be
complete in all respects. It shall be a new pleading which stands by
itself as an adequate complaint under the Federal Rules of Civil
Procedure, without reference to the complaint (Doc. 20) hereinabove
dismissed.

5.

Plaintiff shall SHOW CAUSE within twenty (20) days of the date of this
order why defendants Unknown Supervisor of the United States
Marshals Service, Unknown Agent of the United States Marshals
Service, Unknown Deputy Warden of Perry County Prison, and
Unknown Nurse should not be DISMISSED from this action pursuant
to Rule 4(m) of the Federal Rules of Civil Procedure, as they have not
been identified or served within 120 days of the date on which they
were named as defendants in this case. See FED. R. CIV. P. 4(m).

6.

If plaintiff fails to amend his complaint as contemplated by paragraph
4, and fails to show cause as ordered in paragraph 5, the Clerk of Court
will be directed to close this case.

/S/ CHRISTOPHER C. CONNER
Christopher C. Conner, Chief Judge
United States District Court
Middle District of Pennsylvania