Buehl v. Harewood et al

Filing 14

ORDER; adopting in part and rejected in part 10 Report and Recommendations as follows: (1)The Court ADOPTS the Magistrate Judges recommendation to DISMISS without prejudice Count I of Plaintiffs SAC (Doc. 1-1) as to Defendants Dr. Harewood, Oppman , Kuras, and Stanishefski;(2)The Court REJECTS the Magistrate Judges recommendation to dismiss Count I as to Defendant Dr. Pandya; (3)The Court REJECTS as moot the Magistrate Judges recommendation with respect to the § 1983 liability of Defendan ts Wexford Health Sources, Inc. and Correct Care Solution, LLC; (4)The Court REJECTS the Magistrate Judges recommendation to decline to exercise supplemental jurisdiction over Plaintiffs state-law claims pursuant to 28 U.S.C. § 1367(c)(3);(5)Pla intiff shall have twenty-one (21) days from the date of entry of this Order to file an amended complaint to properly plead an Eighth Amendment claim against Defendants Dr. Harewood, Oppman, Kuras, and Stanishefski. Otherwise, these claims will be dismissed with prejudice; and(6)The action is RECOMMITTED to Magistrate Judge Saporito for further proceedings.Signed by Honorable A. Richard Caputo on 3/7/17 (jam)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
ROGER BUEHL,
CIVIL ACTION NO. 3:16-cv-00822

Plaintiff,

(JUDGE CAPUTO)

v.
WEXFORD HEALTH SOURCES, INC.,
et al.,

(MAGISTRATE JUDGE
SAPORITO)

Defendants.
ORDER
NOW, this 7th day of March, 2017, IT IS HEREBY ORDERED that Magistrate Judge
Saporito’s Report and Recommendation (Doc. 10) is ADOPTED in part and REJECTED in
part as follows:
(1)

The Court ADOPTS the Magistrate Judge’s recommendation to DISMISS
without prejudice Count I of Plaintiff’s SAC (Doc. 1-1) as to Defendants Dr.
Harewood, Oppman, Kuras, and Stanishefski;

(2)

The Court REJECTS the Magistrate Judge’s recommendation to dismiss
Count I as to Defendant Dr. Pandya;

(3)

The Court REJECTS as moot the Magistrate Judge’s recommendation with
respect to the § 1983 liability of Defendants Wexford Health Sources, Inc. and
Correct Care Solution, LLC;

(4)

The Court REJECTS the Magistrate Judge’s recommendation to decline to
exercise supplemental jurisdiction over Plaintiff’s state-law claims pursuant to
28 U.S.C. § 1367(c)(3);

(5)

Plaintiff shall have twenty-one (21) days from the date of entry of this Order
to file an amended complaint to properly plead an Eighth Amendment claim
against Defendants Dr. Harewood, Oppman, Kuras, and Stanishefski.
Otherwise, these claims will be dismissed with prejudice; and

(6)

The action is RECOMMITTED to Magistrate Judge Saporito for further
proceedings.

/s/ A. Richard Caputo
A. Richard Caputo
United States District Judge

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