BEAL v. WESTMORELAND COUNTY PA et al

Filing 35

ORDER denying 32 Motion to Amend/Correct as set forth more fully in the Order itself. Signed by Magistrate Judge Maureen P. Kelly on 10/11/2013. [A copy of this Order was mailed to Plaintiff on this date at his address of record]. (bb)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA

DAVID E. BEAL,

)
)
)
vs.
)
)
)
WESTMORELAND COUNTY PA;
)
WESTMORELAND COUNTY PRISON; )
WEXFORD HEALTH SOURCES, INC.; )
JOHN R. WALTON Warden W.C.P.;
)
STEVEN J. CMAR Deputy Warden W.C.P. )
DONALD G. GRAHAM Nurse
)
Practitioner; SANDY DAVID Wexford
)
Medical H.S.A.; P.T. GROUP PHYSICAL )
THEROPY; AARON TUSCAN D.P.T.
)
Physical Therapy Group, individually and )
In their official capacity,
)
Defendants. )
Plaintiff,

Civil Action No. 13-595
Judge Mark R. Hornak/
Magistrate Judge Maureen P. Kelly

Re: ECF No. 32

ORDER
AND NOW, this 11th day of October, 2013, upon consideration of Plaintiff=s Motion to
Amend “Add” Defendants to Lawsuit, ECF No. 32, in which he seeks to add Joon Y. Lee, M.D.,
an orthopedic surgeon at U.P.M.C., and Amanda Britton, PA-C Assistant, who works in Dr.
Lee’s office, as defendants in this lawsuit, and it appearing from the factual allegations contained
in Plaintiff’s Motion that neither Dr. Lee nor Ms. Britton are state actors and, thus, cannot be
held liable to Plaintiff under the Civil Rights Act, 42 U.S.C. § 1983, see Kaucher v. Cnty. of
Bucks, 455 F.3d 418, 423 (3d Cir. 2006), and it further appearing that it would be futile to allow
Plaintiff to amend the Complaint in this manner, see Fletcher–Harlee Corp. v. Pote Concrete
Contractors, Inc., 482 F.3d 247, 251 (3d Cir. 2007),
IT IS HEREBY ORDERED that Plaintiff’s Motion to Amend “Add” Defendants to

Lawsuit, ECF No. 32, is DENIED.
In accordance with the Magistrate Judges Act, 28 U.S.C. § 636(b)(1), and Rule 72.C.2 of
the Local Rules of Court, the parties are allowed fourteen (14) days from the date of this Order to
file an appeal to the District Judge which includes the basis for objection to this Order. Any
appeal is to be submitted to the Clerk of Court, United States District Court, 700 Grant Street,
Room 3110, Pittsburgh, PA 15219. Failure to file a timely appeal will constitute a waiver of any
appellate rights.
BY THE COURT:

/s/ Maureen P. Kelly
MAUREEN P. KELLY
UNITED STATES MAGISTRATE JUDGE

cc:

David E. Beal
187 Lilac Lane
Mt. Pleasant, PA 15666
All counsel of record via CM/ECF

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