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)

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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. ) ) ) ) ) ) ) ) ) ) ) ) ) ) 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 2

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