Dunyan v. Pennsylvania Department of Corrections et al

Filing 47

ORDER (memorandum filed previously as separate docket entry) IT IS ORDERED THAT Plaintiffs motions 2 & 18 for leave to proceed in forma pauperis are DENIED AS MOOT. Defendants Correct Care Solutions, LLC, Andrew Dancha, Carol Hines, and Vernon P restons motion 32 to dismiss is GRANTED as follows:a. The motion to dismiss is GRANTED as to Plaintiffs claims for compensatory damages against the Defendants in their official capacities under 42 U.S.C. § 1983; b. The motion to dismiss is GRA NTED as to Plaintiffs claims against Defendants Correct Care Solutions, LLC, Dr. Dancha, and Dr. Preston, and Carol Hines without prejudice to Plaintiff filing an amended complaint in accordance with the Courts Memorandum thirty days (30) from the da te mediation proceedings are completed, should such proceedings prove unsuccessful. Defendant Wexford Health Sources, Inc.s unopposed motion 35 to dismiss is GRANTED. Plaintiffs claims against Defendant Wexford Health Sources, Inc. are DISMISSED WI TH PREJUDICE and the Clerk of Court is directed to terminate Wexford Health Sources, Inc. as a Defendant in this action. This case is REFERRED to the Courts Prison Litigation Settlement Committee for assignment of a neutral third party to facilitate settlement discussions. Upon notification of the assigned neutral third party, the court will issue an order of appointment directing him/her to promptly schedule a mediation or settlement conference in consultation with the parties and the above-captioned action is STAYED pending the outcome of mediation proceedings. Signed by Honorable Yvette Kane on 8/16/17. (rw)

UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
JAMES M. DUNYAN,
Plaintiff,

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v.
PENNSYLVANIA DEPARTMENT
OF CORRECTIONS, et al.,
Defendants

No. 1:16-CV-02103
(Judge Kane)

ORDER
AND NOW, this 16th day of August 2017, in accordance with the corresponding
Memorandum, IT IS ORDERED THAT:
1. Plaintiff’s motions for leave to proceed in forma pauperis (Doc. Nos. 2, 18), are
DENIED AS MOOT;
2. Defendants Correct Care Solutions, LLC, Andrew Dancha, Carol Hines, and Vernon
Preston’s motion to dismiss (Doc. No. 32), is GRANTED as follows:
a. The motion to dismiss is GRANTED as to Plaintiff’s claims for
compensatory damages against the Defendants in their official capacities
under 42 U.S.C. § 1983;
b. The motion to dismiss is GRANTED as to Plaintiff’s claims against
Defendants Correct Care Solutions, LLC, Dr. Dancha, and Dr. Preston, and
Carol Hines without prejudice to Plaintiff filing an amended complaint in
accordance with the Court’s Memorandum thirty days (30) from the date
mediation proceedings are completed, should such proceedings prove
unsuccessful;
3. Defendant Wexford Health Sources, Inc.’s unopposed motion to dismiss (Doc. No.
35), is GRANTED. Plaintiff’s claims against Defendant Wexford Health Sources,
Inc. are DISMISSED WITH PREJUDICE and the Clerk of Court is directed to
terminate Wexford Health Sources, Inc. as a Defendant in this action;
4. This case is REFERRED to the Court’s Prison Litigation Settlement Committee for
assignment of a neutral third party to facilitate settlement discussions;

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5. Upon notification of the assigned neutral third party, the court will issue an order of
appointment directing him/her to promptly schedule a mediation or settlement
conference in consultation with the parties; and
6. The above-captioned action is STAYED pending the outcome of mediation
proceedings.

s/Yvette Kane
Yvette Kane, District Judge
United States District Court
Middle District of Pennsylvania

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