SHAFFER v. WEXFORD HEALTH SOURCES, INC. et al

Filing 15

ORDER granting 4 Motion to Dismiss for Failure to State a Claim as set forth in the attached order. Plaintiff may file an amended pleading on or before July 26, 2018. Signed by Magistrate Judge Cynthia Reed Eddy on 7/12/2018. (ajt)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
STACEY SHAFFER,
Plaintiff,
v.
WEXFORD HEALTH SOURCES,
INC., et al.,
Defendants.

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Civil Action No. 1:17-cv-330
United States Magistrate Judge
Cynthia Reed Eddy

ORDER
AND NOW, this 12th day of July, 2018, for the reasons set forth in the accompanying
Memorandum Opinion,
IT IS HEREBY ORDERED that the Motion to Dismiss Plaintiff’s Complaint Pursuant to
Federal Rule of Civil Procedure 12(b)(6) filed by Defendant Erie County Department of
Corrections d/b/a/ Erie County Prison [ECF No. 4] is GRANTED as to Counts I through IV of the
Complaint. The motion is DENIED as moot, and without prejudice, insofar as it relates to
Plaintiff’s request for punitive damages. Count IV of the Complaint is dismissed with prejudice.
Counts I, II, and III are dismissed without prejudice to Plaintiff’s right to file an amended pleading
on or before July 26, 2018. If Plaintiff fails to file an amended pleading within that time frame,
the dismissals of Counts I, II, and III will be converted to dismissals with prejudice.

By the Court,

s/Cynthia Reed Eddy
Cynthia Reed Eddy
United States Magistrate Judge
cc:

All counsel of record
via CM/ECF electronic filing