JACKSON v. WELLPATH et al

Filing 38

MEMORANDUM ORDER: AND NOW, this 28th day of August, 2024, IT IS HEREBY ORDERED that the motion to dismiss filed by Defendants Wellpath, Leslie, and Sharp, ECF No. 16 , is GRANTED in part and DENIED in part, as follows: 1. The motion to dismiss Plain tiff's Eighth Amendment claim against Defendant Leslie is DENIED and such claim shall be allowed to proceed. 2. The motion to dismiss Plaintiff's Eighth Amendment claim against Defendants Wellpath and Sharp, and Plaintiff's medical mal practice claim against Defendants Wellpath, Leslie, and Sharp is GRANTED and such claims are DISMISSED, without prejudice to Plaintiff's right to file an amended complaint to correct the deficiencies of such claims within twenty (20) days of the date of this Order. In the event Plaintiff fails to file a proper amended complaint within such time, the dismissal of all such claims will be converted to a dismissal with prejudice without further notice. IT IS FURTHER ORDERED that all of Plainti ff's claims against Defendant Strick and Plaintiff's Eighth Amendment claim against Defendant Smith are DISMISSED with prejudice pursuant to 28 U.S.C. §§ 1915(e)(2)(B) and 1915A(b); however, Plaintiff's medical malpractice cl aim against Defendant Smith will remain unaffected. The Clerk is directed to terminate Defendant Strick from this case. The report and recommendation of Chief Magistrate Judge Lanzillo, dated August 7, 2024, ECF No. 37 , is adopted as the opinion of this Court. Signed by Judge Susan Paradise Baxter on 8/28/2024. (snc)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
ABDU JACKSON,

Plaintiff,

v.
WELLP ATH, et al.,

Defendants.

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C.A. No. 23-272 Erie
District Judge Susan Paradise Baxter
Chief Magistrate Judge Richard A. Lanzillo

MEMORANDUM ORDER
Plaintiff Abdu Jackson, a former inmate incarcerated at the State Correctional Institution
at Forest in Marienville, Pennsylvania ("SCI-Forest"),1 brings this prose civil rights action
pursuant to 42 U.S.C. § 1983 against the following health care providers at SCI-Forest:
Wellpath, Dr. David Smith ("Smith"), CRNP Leslie ("Leslie"), CRNP Sharp ("Sharp"), and
CRNP Strick ("Strick"). The action was referred to Chief United States Magistrate Judge
Richard A. Lanzillo for report and recommendation in accordance with the Magistrate Judges
Act, 28 U.S.C. § 636(b)(l), and Rules 72.1.3 and 72.1.4 of the Local Rules for Magistrate
Judges.
Plaintiffs complaint alleges that Defendants were deliberately indifferent to his serious
medical needs in violation of his rights under the eighth amendment to the United States
Constitution. Plaintiff also appears to assert a state law claim of medical malpractice against all
Defendants. The complaint was served upon Defendants Wellpath, Leslie, and Sharp (hereinafter
referred to collectively as "Wellpath Defendants"), but has never been served upon Defendants

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Plaintiff alleges that he was granted parole in September 2023. (ECF No. 6 at p. 1).

IT IS HEREBY ORDERED that the motion to dismiss filed by Defendants Wellpath,
Leslie, and Sharp [ECF No. 16] is GRANTED in part and DENIED in part, as follows:
1.

The motion to dismiss Plaintiffs Eighth Amendment claim against
Defendant Leslie is DENIED and such claim shall be allowed to
proceed.

2.

The motion to dismiss Plaintiffs Eighth Amendment claim against
Defendants Wellpath and Sharp, and Plaintiffs medical
malpractice claim against Defendants Wellpath, Leslie, and Sharp
is GRANTED and such claims are DISMISSED, without prejudice
to Plaintiffs right to file an amended complaint to correct the
deficiencies of such claims within twenty (20) days of the date of
this Order. In the event Plaintiff fails to file a proper amended
complaint within such time, the dismissal of all such claims will be
converted to a dismissal with prejudice without further notice.

IT IS FURTHER ORDERED that all of Plaintiffs claims against Defendant Strick and
Plaintiffs Eighth Amendment claim against Defendant Smith are DISMISSED with prejudice
pursuant to 28 U.S.C. §§ 1915(e)(2)(B) and 1915A(b); however, Plaintiffs medical malpractice
claim against Defendant Smith will remain unaffected. The Clerk is directed to terminate
Defendant Strick from this case.
The report and recommendation of Chief Magistrate Judge Lanzillo, dated August 7,
2024 [ECF No. 37], is adopted as the opinion of this Court.

� ���.,L-u------r--

SUSAN PARADISE BAXTER
United States District Judge

cc:

The Honorable Richard A. Lanzillo
Chief United States Magistrate Judge
All parties of record

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