BAEZ v. DEPARTMENT OF CORRECTIONS et al

Filing 219

MEMORANDUM ORDER granting 122 Motion for Judgment on the Pleadings and adopting Report and Recommendations re 200 Report and Recommendations. IT IS FURTHER ORDERED that the case is remanded back to the magistrate judge for all further pre-trial proceedings. Signed by Judge Terrence F. McVerry on 11/8/2011. (kly)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
ORLANDO BAEZ,
Plaintiff,
v.
STANLEY FALOR, et al,
Defendants.

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Civil Action No. 09 - 1149
District Judge Terrence F. McVerry

MEMORANDUM ORDER
On November 6, 2006, Plaintiff filed his original complaint alleging that various prison
officials and doctors at SCI-Greene and SCI-Graterford failed to provide him with necessary
medical treatment for lupus and rectal bleeding.

On January 23, 2007, the court granted

Plaintiff’s motion for appointment of counsel and placed the action in administrative suspense
pending appointment of counsel (ECF No. 13). On January 25, 2007, Prison officials from SCIGreene filed a motion to transfer claims against them to the Western District of Pennsylvania.
The court removed the action from administrative suspense and ordered a hearing on a rule to
show cause why Plaintiff’s claims against all defendants associated with SCI-Greene should not
be severed and transferred. Counsel was appointed for Plaintiff and the court deferred decision
on transfer of claims against SCI-Greene defendants to provide Plaintiff an opportunity to file a
counseled response.
On October 16, 2007, Defendants Felipe Arias, Koseriowski, Eakin, Cusick, Stefanic,
Harmon, Crup, and Masino filed a motion to dismiss. On October 17, 2007, Plaintiff filed a
motion for transfer to SCI-Graterford. The court denied the motion to transfer without prejudice
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and gave Plaintiff leave to file a counseled amended complaint. On March 24, 2008, Plaintiff
filed a motion for an immediate preliminary injunction regarding his medical treatment at SCIGreene. On May 6 and 7, 2008, the court held evidentiary hearings on Plaintiff’s motion for
preliminary injunction where Plaintiff, Dr. Jin, and Dr. Falor testified. After the evidentiary
hearings, the parties took a deposition of Dr. Seaman and provided a transcript to the court. In
June of 2008, the parties submitted proposed findings of fact and conclusions of law.
On July 22, 2008, Plaintiff, though counsel, filed an Amended Complaint (ECF No. 77).
After the August, 2008 teledermatology consult with Dr. Schleicher, Plaintiff requested that the
court reopen the record for the injunction to admit both Dr. Schleicher’s report and Plaintiff’s
letter complaining about the consult. The court granted Plaintiff’s petition and ordered the
record opened for supplementary evidentiary submissions through March 6, 2009, to be followed
by supplementary briefing by all parties on Plaintiff’s motion for injunctive relief. On May 4,
2009, the Court denied Plaintiff’s request for preliminary injunctive relief finding that Plaintiff
was receiving treatment in excess of the minimum required by the Eighth Amendment (ECF No.
98). On July 23, 2009, Plaintiff’s claims arising from his incarceration at SCI-Greene were
transferred to this Court (ECF No. 108). It was referred to a magistrate judge for pretrial
proceedings in accordance with the Magistrate Judges Act, 28 U.S.C. § 636(b)(1), and the Local
Rules of Court for Magistrate Judges.
On November 24, 2009, Defendants Folino and Burks filed a Motion for Judgment on the
Pleadings (ECF No. 122). On August 23, 2010, Plaintiff filed a response to the pending Motion
for Judgment on the Pleadings containing forty 40 exhibits totaling over 270 pages of attached
documents (ECF No. 137).
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On September 21, 2011, the Magistrate Judge filed a Report and Recommendation (ECF
No. 200) recommending that the Motion for Judgment on the Pleadings (ECF No. 122) be
granted. Plaintiff did not file any objections to the Report and Recommendation.
After de novo review of the pleadings and documents in the case, together with the
Report and Recommendation, the following order is entered:
AND NOW, this 8th day of November, 2011;
IT IS HEREBY ORDERED that the Motion for Judgment on the Pleadings filed by
Defendants Folino and Burks (ECF No. 122) be granted.
IT IS FURTHER ORDERED that the Report and Recommendation (ECF No. 200) is
ADOPTED as the Opinion of the Court.
IT IS FURTHER ORDERED that the case is remanded back to the magistrate judge for
all further pre-trial proceedings.

By the Court:
s/Terrance F. McVerry
United States District Judge
cc:

Orlando Baez
CB - 3721
175 Progress Drive
SCI GREENE
Waynesburg, PA 15370

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