Reed v. Lackawanna County et al

Filing 31

ORDER (memorandum filed previously as separate docket entry),the objections of the Lackawanna County Defendants to the report of the magistrate judge, (Doc. 27), are SUSTAINED in part and OVERRULED in part. (See order for details). ORDER REFERRING CASE to Magistrate Judge Karoline Mehalchick; Signed by Honorable Malachy E Mannion on 9/28/17. (bs)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF PENNSYLVANIA
JAMES REED,

:
Plaintiff

:
:

v.
LACKAWANNA COUNTY, et al.,
Defendants

CIVIL ACTION NO. 3:16-2143
(MANNION, D.J.)
(MEHALCHICK, M.J.)

:
:

ORDER
In accordance with the memorandum issued this same day, IT IS
HEREBY ORDERED THAT:
(1)

the objections of the Lackawanna County Defendants to the
report of the magistrate judge, (Doc. 27), are SUSTAINED
in part and OVERRULED in part;

(2)

the Lackawanna County Defendants’ motion to dismiss the
plaintiff’s complaint, (Doc. 10), is DISMISSED AS MOOT
with respect to the plaintiff’s claims related to his
incarceration from October 15, 2014 to October 16, 2014,
and is DENIED in all other respects;

(3)

the Medical Defendants’ motion to dismiss the plaintiff’s
complaint, (Doc. 18), is DISMISSED AS MOOT;

(4)

the report of the magistrate judge, (Doc. 26), is ADOPTED
in all respects, EXCEPT to the extent that it recommends
Counts IV and V of the plaintiff’s complaint be dismissed as

to the Medical Defendants, as the plaintiff has not
acknowledged the insufficiency of Counts IV and V as to
these defendants, and with the clarification that dismissal of
Counts VI and VII of the plaintiff’s complaint is without
prejudice; and
(5)

the instant action is REMANDED to the magistrate judge for
all further pre-trial proceedings.

s/ Malachy E. Mannion
MALACHY E. MANNION
United States District Judge
Date: September 28, 2017
O:\Mannion\shared\MEMORANDA - DJ\CIVIL MEMORANDA\2016 MEMORANDA\16-2143-01-ORDER.wpd

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