BAILEY v. PENNSYLVANIA DEPARTMENT OF CORRECTIONS et al

Filing 37

ORDER adopting 36 Report and Recommendations; granting 14 Motion to Dismiss; granting 25 Motion to Dismiss. An Amended Complaint may be filed by 1/31/2012. Otherwise, the case will be dismissed. Signed by Judge Donetta W. Ambrose on 1/3/2012. (sps)

IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF PENNSYLVANIA

)
)
)

ED BAILEY,
Plaintiff,

) Civil Action No. 10-1039
) Magistrate Judge Maun~en P. Kelly

vs.
PENNSYLVANIA DEPARTMENT OF
CORRECTIONS; PRISON HEALTH
SERVICES; DR. MEYERS,
Defendants.

M

AND NOW, this

)
)
)
)

o R D E 1! }.,.. .~
\ltV/I

".

ot-tJ/;;Z

day of BeeembeI, 2011, after the Plaintiff, Ed Bailey,

filed an action in the above-captioned case, and after Motions to Dismiss were filed by Defendants,
and after a Report and Recommendation was filed by the United States Magistrate Judge granting
the parties until December 16,2011, to file written objections thereto, and no objections having
been filed, and upon independent review of the record, and upon consideration of the Magistrate
Judge's Report and Recommendation, which is adopted as the opinion of this Court,
IT IS HEREBY ORDERED that the Motion to

Dismis~:

Complaint filed by

Defendant, Pennsylvania Department of Corrections, ECF No. 25, is granted and the Complaint
against it is dismissed with prejudice,
IT IS FURTHER ORDERED that the Motion to Disffi'.ss Plaintiffs Complaint
filed by Defendants, Prison Health Services, inc., and Christopher Meyers, ;:CF N~, 1:,~

grantedandthe~o~inst7JJjhe
plaint
fJ's'smissed without prejudice. tf!A; ~~

1JIJ1L

- --,.

W

T IS FURTH

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E

~ I~, J.LIhU'J~~J ~ J(,,{vt44.t;~Ab~'
D that, p~;~~tt~~4(a)(l) of the Federal Rules of

Appellate Procedure, if the parties desire to appeal from this Order th;~y must do so within thirty

.
(30) days by filing a notice of appeal as provided in Rule 3, Fed. R. App. P.

~%0~'
DONETTA W. AMBROSE

United States District Juc,ge

cc:

Honorable Maureen P. Kelly
United States Magistrate Judge
All Counsel of Record by electronic filing