Manchas v. Commonwealth of Pennsylvania et al

Filing 37

ORDER ADOPTING REPORT 35 of Magistrate Judge Carlson, GRANTING medical defts' MTD 14 , balance of non-med defts' MTD 12 held in abeyance by ct's order 26 of 2/1/17 is GRANTED, pltf's consitutional & state-law claims agains t the med defts & his remaining state-law claims against the non-med defts are DISMISSED for failure to state a claim for which relief may be granted & Clrk of Ct shall CLOSE this case. (See order for complete details.) Signed by Chief Judge Christopher C. Conner on 3/22/19. (ki)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
DANIEL MANCHAS, III,
Plaintiff
v.
COMMONWEALTH OF
PENNSYLVANIA, et al.,
Defendants

:
:
:
:
:
:
:
:
:
:

CIVIL ACTION NO. 3:16-CV-563
(Chief Judge Conner)

ORDER
AND NOW, this 22nd day of March, 2019, upon consideration of the report
(Doc. 35) of Magistrate Judge Martin C. Carlson, recommending that the court
grant the motion (Doc. 14) to dismiss filed by the medical defendants in the abovecaptioned action, viz., defendants Correct Care Solutions, Wexford Health Services,
Inc., Andrew Dancha, Michael Gomes, and Kevin Kollman, and dismiss plaintiff’s
claims thereagainst for failure to state a claim for which relief may be granted, and
further recommending that we either decline to exercise supplemental jurisdiction
over or dismiss for failure to state a claim the balance of plaintiff’s state-law claims
against the non-medical defendants, the Commonwealth of Pennsylvania and the
Pennsylvania Department of Corrections, and it appearing that plaintiff has not
objected to the report, see FED. R. CIV. P. 72(b)(2), and the court noting that failure
to timely object to a magistrate judge’s conclusions “may result in forfeiture of de
novo review at the district court level,” Nara v. Frank, 488 F.3d 187, 194 (3d Cir.
2007) (citing Henderson v. Carlson, 812 F.2d 874, 878-79 (3d Cir. 1987)), but that, as
a matter of good practice, a district court should afford “reasoned consideration” to

the uncontested portions of the report, E.E.O.C. v. City of Long Branch, 866 F.3d
93, 100 (3d Cir. 2017) (quoting Henderson, 812 F.2d at 879), in order to “satisfy itself
that there is no clear error on the face of the record,” FED. R. CIV. P. 72(b), advisory
committee notes, and, following independent review of the record, the court being
in agreement with Judge Carlson’s recommendation, concluding that there is no
clear error on the face of the record, and finding that leave to amend would be futile
because plaintiff’s constitutional claims as cast are legally rather than factually
deficient and thus incurable, see Grayson v. Mayview State Hosp., 293 F.3d 103,
108 (3d Cir. 2002), it is hereby ORDERED that:
1.

The report (Doc. 35) of Magistrate Judge Carlson is ADOPTED.

2.

The medical defendants’ motion (Doc. 14) to dismiss is GRANTED.

3.

The balance of the non-medical defendants’ motion (Doc. 12) to
dismiss, held in abeyance by the court’s order (Doc. 26) of February 1,
2017, is GRANTED.

4.

Plaintiff’s constitutional and state-law claims against the medical
defendants and his remaining state-law claims against the non-medical
defendants are DISMISSED for failure to state a claim for which relief
may be granted.

5.

The Clerk of Court shall close this case.

/S/ CHRISTOPHER C. CONNER
Christopher C. Conner, Chief Judge
United States District Court
Middle District of Pennsylvania