TINDELL v. COMMONWEALTH OF PENNA, DEPARTMENT OF CORRECTIONS et al

Filing 221

ORDER adopting 209 Report and Recommendation. The Motion to Dismiss filed by the Medical Defendants 58 and renewed at 198 is GRANTED in its entirety. The Clerk of Court is directed to terminate Lucas, Maxa, and O'Rourke as parties to th is action. It is further ORDERED that Plaintiff's Motion to seek discovery under Rule 56(d) 204 is DENIED. The Report and Recommendation of Magistrate Judge Baxter, issued October 11, 2013, is adopted as the opinion of the Court. Signed by Judge Donetta W. Ambrose on 12/2/2013. (sps)

IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF PENNSYLVANIA

ARCHIE TINDELL,
Plaintiff,
v.

DEPT. OF CORRECTIONS, et aI,
Defendants.

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C.A. No. 11-173 Erie

MEMORANDUM ORDER

Plaintiffs complaint was received by the Clerk of Court on August 15, 2011,
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, issued on October 11,2013,
recommended that the motion to dismiss filed by the Medical Defendants [Dkt. #58] , and
renewed at [Dkt. #198] be granted in its entirety. The Clerk of Courts should be directed to
terminate Lucas, Maxa, and ORourke as parties to this action. It is further recommended that
Plaintiffs motion to seek discovery under Rule 56(d) [Dkt. #204] be DENIED. The parties were
allowed ten (10) days from the date of service to file objections.

Service was made on Plaintiff

by mail at SCI Forest, where he is incarcerated, and on Defendants. Objections were filed by
Plaintiff on November 15,2013.

After de novo review of the pleadings and documents in the

case, together with the report and recommendation and objections thereto, the following order is
entered:

f) 1\ J

AND NOW, this fA

~ a1Y\bef

Day of}l.Joe, eIl'ItIer, 2013;

IT IS HEREBY ORDERED that the motion to dismiss filed by the Medical
Defendants [Dkt. #58] , and renewed at [Dkt. #198] is GRANTED in its entirety. The Clerk of
Courts is directed to terminate Lucas, Maxa, and ORourke as parties to this action. It is further
ORDERED that Plaintiffs motion to seek discovery under Rule 56(d) [Dkt. #204] is DENIED.
The report and recommendation of Magistrate Judge Baxter, issued October 11,2013, is adopted
as the opinion of the court.

dtLtJttJ -$ dai1AAt
DONETTA W. AMBROSE
United States District Judge
all parties of record _ _