Zilich v. Doll et al

Filing 45

ORDER (memorandum filed previously as separate docket entry), the report and recommendation of Judge Mehalchick, (Doc. 43), is ADOPTED IN FULL. The defendants motions to dismiss, (Docs. 34, 36), are GRANTED, and Medical Review Board and Dr. Doll are DISMISSED WITH PREJUDICE. All claims against defendants Lamas and Dr. Symons are DISMISSED WITH PREJUDICE pursuant to 28 U.S.C. §1915A(b)(1) and §1915(e)(2)(B)(ii). Plaintiff's amended complaint, (Doc. 33), alleging an Eighth Amend ment deliberate indifference claim that defendant Williams denied him shoulder surgery is ALLOWED TO PROCEED. All other claims against defendant Williams are DISMISSED WITH PREJUDICE. The case is remanded to Judge Mehalchick for further proceedings only as against defendant Williams.S.C.I. Medical Review Board, Symons, Doll and Marirosa Lamas terminated., ORDER REFERRING CASE to Signed by Honorable Malachy E Mannion on 1/11/16. (bs)

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UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF PENNSYLVANIA WAYNE ZILICH, Plaintiff v. DR. DOLL, et al., Defendants : : : CIVIL ACTION NO. 3:13-2814 : (MANNION, D.J.) (MEHALCHICK, M.J.) : : : ORDER In light of the memorandum issued this same day, IT IS HEREBY ORDERED THAT the report and recommendation of Judge Mehalchick, (Doc. 43), is ADOPTED IN FULL. The defendants’ motions to dismiss, (Docs. 34, 36), are GRANTED, and Medical Review Board and Dr. Doll are DISMISSED WITH PREJUDICE. All claims against defendants Lamas and Dr. Symons are DISMISSED WITH PREJUDICE pursuant to 28 U.S.C. §1915A(b)(1) and §1915(e)(2)(B)(ii). Plaintiff's amended complaint, (Doc. 33), alleging an Eighth Amendment deliberate indifference claim that defendant Williams denied him shoulder surgery is ALLOWED TO PROCEED. All other claims against defendant Williams are DISMISSED WITH PREJUDICE. The case is remanded to Judge Mehalchick for further proceedings only as against defendant Williams. s/ Malachy E. Mannion MALACHY E. MANNION United States District Judge Date: January 11, 2016 O:\Mannion\shared\MEMORANDA - DJ\CIVIL MEMORANDA\2013 MEMORANDA\13-2814-03-Order.wpd

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