Turner v. Wetzel et al

Filing 41

ORDER ADOPTING REPORT AND RECOMMENDATION - IT IS HEREBY ORDERED that 30 Report and Recommendation is adopted in its entirety; 10 Motion to Dismiss is granted in part and denied in part; Turner may amend his complaint within 28 days of the date of this order; 38 Turner's motion for leave to file an amended complaint is denied as moot; case is remanded back to Magistrate Saporito for further proceedings. Carl Keldie, Correction Care Solution and Jay Cowan terminated. (see order for further/complete details) Signed by Honorable Matthew W. Brann on 2/7/19. (lg)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA

No. 4:18-CV-00361

WILLIAM D. TURNER,

(Judge Brann)

Plaintiff,
v.
JOHN E. WETZEL, et al.,
Defendants.
ORDER

FEBRUARY 7, 2019
On December 28, 2018, Magistrate Judge Joseph F. Saporito, Jr., issued a
Report and Recommendation1 recommending that this Court grant in part, and deny
in part, the Motion to Dismiss2 filed by Correction Care Solution, Dr. Jay Cowan,
and Dr. Carl Keldie. Plaintiff William D. Turner filed timely objections3 to that
Report and Recommendation on January 11, 2019.
This Court has conducted a de novo review of the objected-to portion of the
Report and Recommendation and agrees with Magistrate Judge Saporito’s analysis
and conclusion. Therefore, IT IS HEREBY ORDERED that:

1
2
3

ECF No. 30.
ECF No. 10.
ECF No. 35, 36.

1.

The Report and Recommendation, ECF No. 30, is ADOPTED IN ITS
ENTIRETY.

2.

The Motion to Dismiss, ECF No. 10, is GRANTED IN PART and
DENIED IN PART, as follows:
a.

All federal civil rights claims brought under 42 U.S.C. § 1983
against Correction Care Solution, Dr. Carl Keldie, and Dr. Jay
Cowan are DISMISSED WITHOUT PREJUDICE.

b.
3.

The motion is otherwise DENIED.

Within 28 days of the date of this Order, Mr. Turner may amend his
complaint.4

4.

Mr. Turner’s Motion for Leave to File an Amended Complaint, ECF No.
38, is DENIED AS MOOT.

5.

The case is remanded back to Magistrate Judge Saporito for further
proceedings.
BY THE COURT:

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

4

If Mr. Turner wishes to proceed with the proposed amended complaint located at ECF No.
38-1, he must docket it separately and identify it as his “Amended Complaint.”