Perez v. Ransome et al

Filing 8

ORDER - In accord with the accompanying Memorandum 7 : 1. Pltf's mtn to proceed IPF 2 is Granted. 2. The Warden is directed to deduct the filing fee from pltf's inmate account per this order. 3. The clerk is directed to send a copy of th is order to the Warden. 4. Pltfs complaint is PARTIALLY DISMISSED as follows:a. Pltf's 42 U.S.C. § 1983 (Section 1983) claims against Dfts SCI Dallas Medical Dpt and Bureau of Health Services are DISMISSED WITH PREJUDICE;b. Pltf's Four teenth Amendment due process claim based upon his request for copies of his medical records is DISMISSED WITH PREJUICE;c. Pltf's Section 1983 claims against Dft Johnson and Johnson Incorporated are DISMISSED WITHOUT PREJUDICE;d. Pltf's Eigh th Amendment claims against Dfts Deboer and Woolfolk are DISMISSED WITHOUT PREJUDICE;e. Pltf's Eighth Amendment claims against Dfts Martin, Ransome, and Bohinksi are DISMISSED WITHOUT PREJUDICE;f. Pltf's State law claim for fraud is DISMISS ED WITHOUT PREJUDICE;5. Pltf is permitted to proceed on the following claims in his complaint: his Eighth Amendment claim against Dft Prince; his state law medical malpractice claims against Dfts Prince, Jane Doe (1), and Jane Doe (2);6. Pltf is GRAN TED leave to file an amended complaint within (30) days of the date of this Order;7. The Clerk of Court is directed to mail Pltf a civil rights complaint form. Pltf shall title that complaint form Amended Complaint and shall include the docket number for this case, 1:22-cv-01087;8. If Pltf elects to file an amended complaint, Pltf is advised to adhere to the standards set forth in the FRCP and the directives set forth by the Court in its accompanying Memorandum. Importantly, should Pltf elect to file an amended complaint, he must re-plead every cause of action in the amended complaint because the amended complaint will supersede the original complaint. Accordingly, Pltfs amended complaint must also set forth the following claims in his amen ded complaint: his Eighth Amendment claim against Dft Prince; and his state law medical malpractice claims against Dfts Prince, Jane Doe (1), and Jane Doe (2).9. The Court will defer service of the complaint for (30) days. If Pltf files an amended co mplaint, it will supersede the original complaint as set forth above. If Pltf fails to file an amended complaint within the (30) days, the Court will direct service of the original complaint upon Dfts Prince, Jane Doe (1), and Jane Doe (2), and Pltfs original complaint will proceed with respect to his Section 1983 claims, asserting a violation of the Eighth Amendment, and his state law claims of medical malpractice. Signed by Honorable Sylvia H. Rambo on 11/21/22. (ma)

Case 1:22-cv-01087-SHR-SM Document 8 Filed 11/21/22 Page 1 of 4

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
FRANCISCO PEREZ,
Plaintiff
v.
SUPERINTENDENT KEVIN
RANSOME, et al.,
Defendants

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No. 1:22-cv-01087
(Judge Rambo)

ORDER

AND NOW, on this 21st day of November 2022, upon consideration of pro
se Plaintiff Francisco Perez (“Plaintiff”)’s complaint (Doc. No. 1), motion for leave
to proceed in forma pauperis (Doc. No. 2), and prisoner trust fund account statement
(Doc. No. 3), and in accordance with the accompanying Memorandum, IT IS
ORDERED THAT:
1.

Plaintiff’s motion for leave to proceed in forma pauperis (Doc. No. 2)
is GRANTED, and his complaint (Doc. No. 1) is DEEMED filed;

2.

Plaintiff shall pay the full filing fee of $350.00 based on the financial
information provided in the application to proceed in forma pauperis.
The full filing fee shall be paid regardless of the outcome of the
litigation;

3.

Pursuant to 28 U.S.C. § 1915(b)(1) and (2), the Superintendent/Warden
or other appropriate official at Plaintiff’s place of confinement is
directed to deduct an initial partial filing fee of 20% of the greater of:
a.

The average monthly deposits in the inmate’s prison account for
the past six months, or

Case 1:22-cv-01087-SHR-SM Document 8 Filed 11/21/22 Page 2 of 4

b.

The average monthly balance in the inmate’s prison account for
the past six months.

The initial partial filing fee shall be forwarded to the Clerk of the United
States District Court for the Middle District of Pennsylvania, P.O. Box
1148, Scranton, Pennsylvania, 18501-1148, to be credited to the abovecaptioned docket number. In each succeeding month, when the amount
in Plaintiff’s inmate trust fund account exceeds $10.00, the
Superintendent/Warden or other appropriate official shall forward
payments to the Clerk of Court equaling 20% of the preceding month’s
income credited to Plaintiff’s inmate trust fund account until the fees
are paid. Each payment shall reference the above-captioned docket
number;
4.

The Clerk of Court is directed to SEND a copy of this Order to the
Superintendent/Warden of the institution where Plaintiff is presently
confined;

5.

Plaintiff’s complaint is PARTIALLY DISMISSED as follows:
a. Plaintiff’s 42 U.S.C. § 1983 (“Section 1983”) claims
against Defendants State Correctional Institution Dallas
Medical Department and Bureau of Health Services are
DISMISSED WITH PREJUDICE;
b. Plaintiff’s Fourteenth Amendment due process claim
based upon his request for copies of his medical records is
DISMISSED WITH PREJUICE;
c. Plaintiff’s Section 1983 claims against Defendant Johnson
and Johnson Incorporated are DISMISSED WITHOUT
PREJUDICE;
d. Plaintiff’s Eighth Amendment claims against Defendants
Deboer and Woolfolk are DISMISSED WITHOUT
PREJUDICE;
e. Plaintiff’s Eighth Amendment claims against Defendants
Martin, Ransome, and Bohinksi are DISMISSED
WITHOUT PREJUDICE;
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Case 1:22-cv-01087-SHR-SM Document 8 Filed 11/21/22 Page 3 of 4

f. Plaintiff’s state law claim for fraud is DISMISSED
WITHOUT PREJUDICE;
6.

Plaintiff is permitted to proceed on the following claims in his
complaint: his Eighth Amendment claim against Defendant Prince; his
state law medical malpractice claims against Defendants Prince, Jane
Doe (1), and Jane Doe (2);

7.

Plaintiff is GRANTED leave to file an amended complaint. Plaintiff
shall file his amended complaint within thirty (30) days of the date of
this Order;

8.

The Clerk of Court is directed to mail Plaintiff a civil rights complaint
form. Plaintiff shall title that complaint form “Amended Complaint”
and shall include the docket number for this case, 1:22-cv-01087;

9.

If Plaintiff elects to file an amended complaint, Plaintiff is advised to
adhere to the standards set forth in the Federal Rules of Civil Procedure
and the directives set forth by the Court in its accompanying
Memorandum. Importantly, should Plaintiff elect to file an amended
complaint, he must re-plead every cause of action in the amended
complaint because the amended complaint will supersede the original
complaint. See Palakovic v. Wetzel, 854 F.3d 209, 220 (3d Cir. 2017)
(stating that “an amended pleading . . . supersedes the earlier pleading
and renders the original pleading a nullity”). Accordingly, Plaintiff’s
amended complaint must also set forth the following claims in his
amended complaint: his Eighth Amendment claim against Defendant
Prince; and his state law medical malpractice claims against Defendants
Prince, Jane Doe (1), and Jane Doe (2).

10.

The Court will defer service of the complaint for thirty (30) days. If
Plaintiff files an amended complaint, it will supersede the original
complaint as set forth above. If Plaintiff fails to file an amended
complaint within the thirty (30) days, the Court will direct service of
the original complaint upon Defendants Prince, Jane Doe (1), and Jane

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Case 1:22-cv-01087-SHR-SM Document 8 Filed 11/21/22 Page 4 of 4

Doe (2), and Plaintiff’s original complaint will proceed with respect to
his Section 1983 claims, asserting a violation of the Eighth
Amendment, and his state law claims of medical malpractice.
s/ Sylvia H. Rambo
SYLVIA H. RAMBO
United States District Judge

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