Hickox v. Ferguson et al

Filing 21

ORDER: ADOPTING 19 Report and Recommendations of U.S. Magistrate Judge Mehalchick; GRANTING Plaintiff's 16 Motion to Dismiss Party; DISMISSING WITH PREJUDICE all claims against Defendant PA-C Leahey; GRANTING Plaintiff's unopposed [ 17] Motion for Order Referring to Mediation; HOLDING IN ABEYANCE Defendant Dr. Xue's 12 Motion to Dismiss; Judge Mehalchick's 03/30/2016 Order 3 referring this case to the Prison Litigation Settlement Program is RENEWED and shall apply w/full force and effect, except as otherwise provided; DIRECTING the clerk to forward a copy of this Order as well as a copy of the most updated docket sheet to Plaintiff; DIRECTING the clerk to forward a copy of this Order to Joseph Barrett, who shall refer this matter to the appropriate mediation. Signed by Honorable Matthew W. Brann on 10/18/16. (km)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
JUSTIN M. HICKOX,
Petitioner,
v.
TAMMY FERGUSON, et al.,
Defendants.

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No. 4:16-cv-00534
(Judge Brann)

ORDER
AND NOW, this 18th day of October, 2016, IT IS HEREBY ORDERED
that:
1.

The October 7, 2016 Report and Recommendation submitted by
United States Magistrate Judge Karoline Mehalchick, ECF No. 19, is
ADOPTED.

2.

Plaintiff’s Motion to Dismiss , ECF No. 16, is GRANTED.

3.

All claims against Defendant PA-C Leahey are DISMISSED WITH
PREJUDICE.

4.

Plaintiff’s Unopposed Motion for Order Referring to Mediation, ECF
No. 17, is GRANTED.

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5.

Defendant Dr. Xue’s Motion to Dismiss, ECF No. 12, is HELD IN
ABEYANCE, pending the outcome of mediation.

6.

Judge Mehalchick’s March 30, 2016 Order referring this case to the
Prison Litigation Settlement Program, ECF No. 3, is RENEWED and
shall apply with full force and effect, except as otherwise provided
herein.

7.

The Clerk of Court is directed to forward a copy of this Order, as
well as a copy of the most updated docket sheet, to Plaintiff.

8.

The Clerk of Court is further directed to forward a copy of this
Order to Joseph Barrett, in the Scranton division of this Court, who
shall refer this matter to the appropriate mediation.

BY THE COURT:

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

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