GELLOCK v. PRISON HEALTH SERVICES, INC. et al

Filing 80

MEMORANDUM JUDGMENT ORDER: AND NOW, this 8th day of July, 2009; IT IS ORDERED that: 1. The motion for summary judgment filed by Defendant Prison Health Services, Inc. 63 be, and hereby is, GRANTED; and 2. The motion for summary judgment filed by De fendants PA. Department of Corrections, Deputy Supt. Nancy Giroux, and Maxine Overton, R.N. 70 be, and hereby is, GRANTED. IT IS FURTHER ORDERED that JUDGMENT be, and hereby, is entered in favor of DEFENDANTS and against Plaintiff as to all of the Plaintiff's remaining federal claims. IT IS FURTHER ORDERED that Plaintiff's state law negligence claim be, and hereby is, DISMISSED without prejudice pursuant to 28 U.S.C. § 1367(c)(3), inasmuch as there are no claims remaining in t his case over which this Court has original subject matter jurisdiction and this Court declines to exercise supplemental jurisdiction over said state law claim. The report and recommendation of Magistrate Judge Baxter, filed on June 8, 2009 79 , is adopted as the opinion of this Court. Signed by Judge Sean J. McLaughlin on 07/08/2009. (kas)

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA EDW ARD C. GELLOCK, Plaintiff, v. PRISON HEALTH SERVICES, INC., et al., Defendants. ) ) ) ) ) ) ) ) )

Civil Action No. 07-8 Erie

MEMORANDUM JUDGMENT ORDER Plaintiff's civil rights complaint was received by the Clerk of Court on January 19, 2007 and was referred to United States Magistrate Judge Susan Paradise Baxter for report and recommendation in accordance with the Magistrates Act, 28 U.S.C. § 636(b)(1), and Rules 72.1.3 and 72.1.4 of the Local Rules for Magistrates. The Magistrate Judge's report and recommendation, filed on June 8, 2009 [79], recommends that the motion for summary judgment filed by Defendant Prison Health Services, Inc. [63] and the motion for summary judgment filed by Defendants PA. Department of Corrections, Deputy Supt. Nancy Giroux, and Maxine Overton, R.N. [70] be granted. The parties were allowed ten (10) days from the date of service in which to file objections. Service was made on the Plaintiff by certified mail at SCI Albion, where he is incarcerated, and on Defendants. No objections have been filed to date by Plaintiff. After de novo review of the complaint and documents in the case, together with the report and recommendation, the following order is entered: AND NOW, this 8th day of July, 2009; IT IS ORDERED that: 1. The motion for summary judgment filed by Defendant Prison Health Services, Inc. [63] be, and hereby is, GRANTED; and The motion for summary judgment filed by Defendants PA. Department of Corrections, Deputy Supt. Nancy Giroux, and Maxine Overton, R.N. [70] be, and hereby is, GRANTED.

2.

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IT IS FURTHER ORDERED that JUDGMENT be, and hereby, is entered in favor of DEFENDANTS and against Plaintiff as to all of the Plaintiff's remaining federal claims. IT IS FURTHER ORDERED that Plaintiff's state law negligence claim be, and hereby is, DISMISSED without prejudice pursuant to 28 U.S.C. § 1367(c)(3), inasmuch as there are no claims remaining in this case over which this Court has original subject matter jurisdiction and this Court declines to exercise supplemental jurisdiction over said state law claim. The report and recommendation of Magistrate Judge Baxter, filed on June 8, 2009 [79], is adopted as the opinion of this Court.

s/ SEAN J. McLAUGHLIN Sean J. McLaughlin United States District Judge

cc:

all parties of record U.S. Magistrate Judge Baxter

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