LINDSAY v. WILSON et al

Filing 59

MEMORANDUM ORDER. The Magistrate Judge's Report and Recommendation (Doc. 56 ) is adopted as the Opinion of the District Court; the Medical Defendants' Motion to Dismiss (Doc. 31 ) is DENIED; Defendant Zirkle's Motion to Dismiss (Doc . 25 ) is GRANTED; Defendant Wilson is DISMISSED under Federal Rule of Civil Procedure 4(m); Defendants Zirkle and Wilson are terminated as parties to this lawsuit; and Plaintiff shall file a second amended complaint, as contemplated in the Report and Recommendation, by 9/18/15. Signed by Judge Cathy Bissoon on 9/2/15. (dcd) Staff note: a copy of this Memorandum Order was sent today, via First-Class U.S. Mail, to Plaintiff's address of record.

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
MARK LINDSAY,
Plaintiff,
v.
DR. MARK WILSON, et al.,
Defendants.

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Civil Action No. 14-195E
Judge Cathy Bissoon
Magistrate Judge Susan Paradise Baxter

MEMORANDUM ORDER
This case was referred to United States Magistrate Judge Susan Paradise Baxter for
pretrial proceedings in accordance with the Magistrates Act, 28 U.S.C. §§ 636(b)(l)(A) and (B),
and Local Rule of Civil Procedure 72.
On August 4, 2015, the Magistrate Judge issued a Report (Doc. 56) recommending the
dismissal of certain Defendants, the denial of other Defendants’ Motion to Dismiss, and that
Plaintiff be directed to file a second amended complaint. Service of the Report and
Recommendation was made on the parties, and no objections have been filed.
After a review of the pleadings and documents in the case, together with the Report and
Recommendation, it hereby is ORDERED that: the Magistrate Judge’s Report and
Recommendation is adopted as the Opinion of the District Court; the Medical Defendants’
Motion to Dismiss (Doc. 31) is DENIED; Defendant Zirkle’s Motion to Dismiss (Doc. 25)
is GRANTED; Defendant Wilson is DISMISSED under Federal Rule of Civil Procedure 4(m);
Defendants Zirkle and Wilson are terminated as parties to this lawsuit; and Plaintiff shall file a
second amended complaint, as contemplated in the Report and Recommendation,
by September 18, 2015.

IT IS SO ORDERED.

September 2, 2015

s\Cathy Bissoon
Cathy Bissoon
United States District Judge

cc (via First-Class U.S. Mail):
Mark Lindsay
HK-5949
SCI Albion
10745 Rt. 18
Albion, PA 16475-0002

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