Bayer v. Pocono Medical Center et al

Filing 21

ORDER (memorandum filed previously as separate docket entry),(1)the report and recommendation of Judge Schwab, (Doc. 19), is ADOPTED IN ITS ENTIRETY;(2)the motion to dismiss the plaintiffs complaint filed on behalf of defendants Pocono Medical Center , Pocono Medical Center Behavioral Health Unit and Ann McDonald, (Doc. 12), is GRANTED for the plaintiffs failure to state a federal claim upon which relief can be granted;(3)the plaintiffs amended complaint, (Doc. 10), is DISMISSED sua sponte pursua nt to 28 U.S.C. §1915(e)(2)(ii) with respect to the remaining defendants for the plaintiffs failure to state a federal claim upon which relief can be granted;(4)as all federal claims have been dismissed, the court declines to exercise supplemental jurisdiction over the plaintiffs state law claim for medical malpractice; and(5)the Clerk of Court is directed to MARK THIS CASE CLOSED. ORDER TERMINATING CASESigned by Honorable Malachy E Mannion on 7/23/14. (bs)

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UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF PENNSYLVANIA BRUCE H. BAYER, : Plaintiff : CIVIL ACTION NO. 3:13-1900 v. : (MANNION, D.J.) (SCHWAB, M.J.) POCONO MEDICAL CENTER, et al., : : Defendants : ORDER In light of the memorandum issued in the above-captioned matter this same day, IT IS HEREBY ORDERED THAT: (1) the report and recommendation of Judge Schwab, (Doc. 19), is ADOPTED IN ITS ENTIRETY; (2) the motion to dismiss the plaintiff’s complaint filed on behalf of defendants Pocono Medical Center, Pocono Medical Center Behavioral Health Unit and Ann McDonald, (Doc. 12), is GRANTED for the plaintiff’s failure to state a federal claim upon which relief can be granted; (3) the plaintiff’s amended complaint, (Doc. 10), is DISMISSED sua sponte pursuant to 28 U.S.C. §1915(e)(2)(ii) with respect to the remaining defendants for the plaintiff’s failure to state a federal claim upon which relief can be granted; (4) as all federal claims have been dismissed, the court declines to exercise supplemental jurisdiction over the plaintiff’s state law claim for medical malpractice; and (5) the Clerk of Court is directed to MARK THIS CASE CLOSED. s/Malachy E. Mannion MALACHY E. MANNION United States District Judge Date: July 23, 2014 O:\Mannion\shared\MEMORANDA - DJ\CIVIL MEMORANDA\2013 MEMORANDA\13-1900-01.ORDER.wpd 2

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