Fattah v. John Doe #1 et al

Filing 145

ORDER: IT IS HEREBY ORDERED that: (1) Magistrate Judge Saporito's Report and Recommendation (Doc. 134) is ADOPTED in part and REJECTED in part. (2) Defendant Symons' Motion to Dismiss is DENIED. (3) Defendant Symons and other remaining defendants are directed to respond to the Third Amended Complaint within 14 days. (4) The action is recommitted to Magistrate Judge Saporito for further proceedings. Signed by Honorable A. Richard Caputo on 11/4/16. (jam)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
ABDEL FATTAH,
CIVIL ACTION NO. 3:CV-10-1607

Plaintiff,

(JUDGE CAPUTO)

v.

(MAGISTRATE JUDGE SAPORITO)

JOHN T. SYMONS, D.O., et al.,
Defendants.
ORDER

NOW, this 4th day of November, 2016, IT IS HEREBY ORDERED that:
(1)
Magistrate Judge Saporito’s Report and Recommendation (Doc. 134) is
ADOPTED in part and REJECTED in part..
(2)
Defendant John T. Symons’ Motion to Dismiss the Third Amended Complaint
(Doc. 121) is DENIED. Plaintiff Abdel Fattah is allowed to proceed on the
following claims against Defendant John T. Symons:
(a)
failure to "set up a treatment plan [for Plaintiff's eating disorder], order
specific methods of care for [Plaintiff's] medical needs, [and] prescribe
medications." (Doc. 119, ¶¶ 130-138);
(b)
failure to correct "unsanitary condition[s]" with respect to Plaintiff's
surgically implanted feeding tube and the gastric feeding process used
to provide him with nourishment. (Id., at ¶¶ 139-143); and
(c)
failure to reinstate Plaintiff's scheduled gastric feedings and failure to
intervene when Plaintiff was denied food for nearly a month. (Id., at
¶¶ 153-154).
(3)
Defendant John T. Symons and the other remaining defendants are directed
to respond to the Third Amended Complaint within fourteen (14) days from
the date of entry of this Order.
(4)
The action is RECOMMITTED to Magistrate Judge Saporito for further
proceedings.
/s/ A. Richard Caputo
A. Richard Caputo
United States District Judge