MARKS v. CONIZEN HEALTH CARE, INC. ET AL et al

Filing 51

ORDER: ADOPTING Magistrate Judge Schwab's Report and Recommendation 49 ; GRANTING IN PART AND DENYING IN PART Defendant's Motion to Dismiss to the extent set forth in the Report and Recommendation 34 ; DISMISSING Plaintiff's medical malpractice claims in their entirety; DISMISSING the Eighth Amendment claims against Defendant Shoop; REMANDING the action to Magistrate Judge Schwab for further proceedings. Signed by Honorable Matthew W. Brann on 8/26/14. (km)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
DEVINE MARKS,
Plaintiff,
v.
CORIZON HEALTH CARE INC.,
et. al.,
Defendants.

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Civil Action No. 4:13-CV-0726
(Judge Brann)

(Magistrate Judge Schwab)

ORDER
August 26, 2014
BACKGROUND:
The undersigned has given full and independent consideration to the June
19, 2014 report and recommendation of Magistrate Judge Susan E. Schwab. ECF
No. 49. No objections have been filed.
Because this Court agrees with Judge Schwab’s analysis the Court will not
rehash the sound reasoning of the magistrate judge and will adopt the report and
recommendation in its entirety.
NOW, THEREFORE, IT IS HEREBY ORDERED THAT:
1.
1.

United States Magistrate Judge Susan E. Schwab’s June 19, 2014
Report and Recommendation is ADOPTED in full. ECF No. 49.
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2.

Defendants’ Motion to Dismiss is GRANTED in part and DENIED in
part to the extent set forth in the Report and Recommendation. ECF
No. 34.

3.

Plaintiff’s medical malpractice claims are dismissed in their entirety.
The Eighth Amendment claim against Defendant Shoop is dismissed.

4.

The action is remanded to Magistrate Judge Schwab for further
proceedings.

BY THE COURT:

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

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