Williams v. PA Dept of Corrections et al

Filing 32

ORDER (memorandum filed previously as separate docket entry), ORDER REFERRING CASE to Magistrate Judge William I. Arbuckle - IT IS HEREBY ORDERED that 29 Magistrate Judge William I. Arbuckle's Report and Recommendation is adopted in part and rejected in part; 18 moving defendants motion to dismiss is granted in part; the matter is remanded back to Magistrate Judge William I. Arbuckle for further proceedings. (see order for further/complete details) Signed by Honorable Matthew W. Brann on 3/29/19. (lg)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
No. 3:18-CV-01150

AARON A. WILLIAMS, JR.,

(Judge Brann)

Plaintiff.

(Magistrate Judge Arbuckle)

v.
PA DEPT OF CORRECTIONS, et al,
Defendants.
ORDER
MARCH 29, 2019

In accordance with the accompanying Memorandum Opinion, IT IS
HEREBY ORDERED that:
1.

Magistrate Judge William I. Arbuckle’s Report and Recommendation
(Doc. 29) is ADOPTED in part and REJECTED in part;

2.

Moving Defendants’ motion to dismiss (Doc. 18) is GRANTED in
part. Williams’ claims alleging medical negligence and violations of
the Pennsylvania constitution are DISMISSED WITH PREJUDICE.
Williams’ Eighth Amendment claim against CCS is DISMISSED
WITHOUT PREJUDICE, as is any claim against Moving Defendants
for medical treatment on or after October 17, 2016;

3.

The motion is DENIED in all other respects; and

4.

The matter is remanded back to Magistrate Judge William I. Arbuckle
for further proceedings.

BY THE COURT:

s/ Matthew W. Brann
Matthew W. Brann
United States District Judge

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