MCGINNIS v. HAMMER et al

Filing 150

ORDER granting 125 and 132 Motions to Dismiss and adopting Report and Recommendations re 144 Report and Recommendations. The Third Amended Complaint is DISMISSED WITH PREJUDICE. Pursuant to Rule 4(a)(1) of the Federal Rules of 2 Appellate Pr ocedure, if any party wishes to appeal from this order a notice of appeal, as provided in Federal Rule Appellate Procedure 3, must be filed with the Clerk of Court, United States District Court, at 700 Grant Street, Room 3110, Pittsburgh, PA 15219, within thirty (30) days. Signed by Chief Judge Joy Flowers Conti on 9/25/2017. (smc)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
VERN E. McGINNIS, JR.,
Plaintiff,
vs.
MARK HAMMER, Physician’s Assistant;
CHCA STEPHANIE WOOD;
SUPERINTENDANT MARK CAPOZZA;
CARROL SCIRE, Superintendant’s
Assistant/Grievance Coordinator;
Individually and in their official capacities;
and CORRECT CARE SOLUTIONS, LLC,
Defendants.

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Civil Action No. 15-398
Chief Judge Joy Flowers Conti/
Chief Magistrate Judge Maureen P. Kelly

Re: ECF Nos. 125 and 132

ORDER
AND NOW, this 25th day of September, 2017, after Plaintiff Vern E. McGinnis, Jr.
(“Plaintiff”) filed an action in the above-captioned case, and after motions to Dismiss Plaintiff’s
Third Amended Complaint were filed by Defendants Superintendent Mark Capozza, Carrol Scire
and Stephanie Wood, ECF No. 125, and by Defendants Correct Care Solutions, LLC and Mark
Hammer, ECF No. 132, and after a Report and Recommendation was filed by a United States
Magistrate Judge, ECF No. 144, and upon consideration of the objections filed by Plaintiff on
September 15, 2017, ECF No. 149, which raise only brief arguments that were already correctly
addressed in the through Report and Recommendations, 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, and
IT IS HEREBY ORDERED that the motions to dismiss, ECF Nos. 125 and 132, are
GRANTED and that the Third Amended Complaint is DISMISSED WITH PREJUDICE.
IT IS FURTHER ORDERED that, pursuant to Rule 4(a)(1) of the Federal Rules of

Appellate Procedure, if any party wishes to appeal from this order a notice of appeal, as provided
in Federal Rule Appellate Procedure 3, must be filed with the Clerk of Court, United States
District Court, at 700 Grant Street, Room 3110, Pittsburgh, PA 15219, within thirty (30) days.
By the Court:
/s/ Joy Flowers Conti
Chief United States District Judge
cc:

Honorable Maureen P. Kelly
Chief United States Magistrate Judge
Vern E. McGinnis, Jr.
DG-2841
SCI Forest
P.O. Box 945
Marienville, PA 16239
All counsel of record via CM-ECF

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