Price v. Williams et al

Filing 54

ORDER (memorandum filed previously as separate docket entry)- IT IS ORDERED THAT: Defendants Doll and Reisingers motion to dismiss (Doc. No. 50) is GRANTED; ORDER DIRECTING THE CLERK'S OFFICE TO SEND AO 398 AND 399 WAIVERS FORMS as to Deft Bainbridge. See order for further details. Signed by Honorable Yvette Kane on 4/16/2019. (ve)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
DONNELL PRICE,
Plaintiff
v.
W. TED WILLIAMS, et al.,
Defendants

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No. 1:18-cv-583
(Judge Kane)

ORDER
AND NOW, on this 16th day of April 2019, in accordance with the Memorandum issued
concurrently with this Order, IT IS ORDERED THAT:
1. Defendants Doll and Reisinger’s motion to dismiss (Doc. No. 50) is GRANTED, and
Plaintiff’s claims against them are DISMISSED under Federal Rule of Civil Procedure
41(b) pursuant to the factors set forth in Poulis v. State Farm Fire and Cas. Co., 747 F.2d
863, 868 (3d Cir. 1984), as follows:
a. Plaintiff’s Eighth Amendment claims against Defendants Doll and Reisinger are
DISMISSED WITH PREJUDICE;
b. Plaintiff’s medical malpractice claims against Defendants Doll and Reisinger are
DISMISSED WITHOUT PREJUDICE;
2. The Clerk of Court is directed to terminate Defendants Doll and Reisinger from the
docket of this matter; and
3. The Clerk of Court is specially appointed to serve a copy of Plaintiff’s amended
complaint (Doc. No. 42), notice of lawsuit and request for waiver of service of
summons, waiver, and this Order, upon Defendant Bainbridge at the address provided by
Plaintiff in Doc. No. 40. The Court requests that Defendant Bainbridge cooperate in
efforts to simplify case administration by waiving service pursuant to Fed. R. Civ. P.
4(d). The waiver request shall inform Defendant Bainbridge both of the consequences of
compliance and of failure to comply with the requests. Defendant Bainbridge is
permitted 30 days from the date the waiver request is sent (60 days if addressed outside
any judicial district of the United States) to return the signed waiver or electronically file
it in the Court’s Electronic Case Filing (ECF) system. If a signed waiver is not returned
or electronically filed within the required time, an order shall be issued directing the
Clerk’s office to transmit the summons and a copy of the complaint to the U.S. Marshals
Service for immediate service under Fed. R. Civ. P. 4(c)(1).
s/ Yvette Kane
Yvette Kane, District Judge
United States District Court
Middle District of Pennsylvania