Martin v. Lackawanna County et al

Filing 48

ORDER adopting in part and not adopting in part the Report and Recommendation (Doc. 39 ). Plaintiff is directed to file a Second Amended Complaint as to his 42 U.S.C. §1983 and §1985 claims and any state law claims, in compliance with Fed. R. Civ. P. 8, as set forth in the accompanying Memorandum within thirty (30) days from the date of this Order. See Order for details. Signed by Honorable Edwin M. Kosik on 11/13/2015 (emksec, )

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF PENNSYLVANIA
_________________________________
JACOB MARTIN,
:
Plaintiff,
:
Civil No. 3:12-CV-1507
v.
:
:
(Judge Kosik)
LACKAWANNA COUNTY, et al.,
:
Defendants.
:
_________________________________
ORDER
AND NOW, THIS 13th DAY OF NOVEMBER, 2015, IN ACCORDANCE WITH
THE ACCOMPANYING MEMORANDUM, IT IS HEREBY ORDERED THAT:
(1) The Report and Recommendation of Magistrate Judge Karoline Mehalchick
filed on March 26, 2014 (Doc. 39) is ADOPTED in part and NOT ADOPTED in
part;
(2) Defendants, Lackawanna County, Lackawanna County Treatment Court.
Lackawanna County Prison, Lackawanna County Adult Probation and Parole,
Scranton Counseling Center, Harbor House, Moses Taylor Hospital, “Matt”, a
psychology intern at the Lackawanna County Treatment Court, “Courtney”, a
psychology intern at the Lackawanna County Treatment Court, Paul Robertson,
“Kristen”, a supervisor at Harbor House, Bill Thompson, Dr. Norien, Jim and Nurse
Staff are DISMISSED;
(3) Plaintiff’s request for declaratory judgment is DISMISSED;
(4) Plaintiff’s claims under HIPAA, and Title II of the ADA are DISMISSED;
(5) Plaintiff is directed to file a Second Amended Complaint as to his 42 U.S.C.
§1983 and §1985 claims and any state law claims, in compliance with Fed. R. Civ. P.
8, as set forth in the accompanying Memorandum within thirty (30) days from the date
of this Order; and,
(6) The above-captioned action is REMANDED to the Magistrate Judge for
further proceedings.

s/Edwin M. Kosik
Edwin M. Kosik
United States District Judge