PRINCE v. CORIZON HEALTH, INC. et al

Filing 49

MEMORANDUM ORDER denying 11 Motion to Dismiss; denying 23 Motion to Dismiss; denying 31 Motion to Dismiss; denying 36 ; denying 44 Motion to Dismiss and adopting Report and Recommendations re 46 Report and Recommendations. Answer due on or before 6/28/2016. Signed by Judge Terrence F. McVerry on 6/7/2016. (kly)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
CHRISTOPHER PRINCE,
Plaintiff,
v.
CORIZON HEALTH, INC., COUNTY
OF ALLEGHENY, DAVID HUMPRIES,
DR. MICHAEL PATTERSON, CAITLIN
LEE, MONICA LONG, EMRICK,
BARFIELD, SUPERINTENDENT
ORLANDO HARPER,
Defendants.

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Civil Action No. 2:15-1202
United States Magistrate Judge
Cynthia Reed Eddy
United States District Judge
Terrence F. McVerry

MEMORANDUM ORDER
TERRENCE F. MCVERRY, United States District Judge.
The present action was filed with this Court on September 15, 2015. The case was
referred to United States Magistrate Judge Cynthia Reed Eddy for pretrial proceedings in
accordance with Magistrate Judges Act, 28 U.S.C. § 636(b)(1) and Local Rules of Court 72.C
and 72.D.
Defendants Corizon Health, Inc., Allegheny County, David Humpries, CENP, Sarah A.
Patterson as Administratrix of the Estate of Dr. Michael Patterson, Allegheny County Jail
Counselor Caitlin Lee, Deputy Warden Monica Long, Deputy Warden Emerick, Assistant Health
Services Administrator Dr. Barfield and Warden Orlando Harper moved to dismiss the claims
against them for failure to state a claim pursuant to Federal Rule of Civil Procedure 12(b)(6). See
ECF Nos. 5, 11, 23, 31, 36, 44. The Magistrate Judge’s Report and Recommendation filed May
5, 2016 recommended that the motions to dismiss be denied. ECF No. 46. Service of the Report
and Recommendation was made on all parties. The parties were informed that in accordance
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with the Magistrate Judges Act, 28 U.S.C. § 636(b)(1)(B) and (C), and Local Rule of Court
72.D.2 they had until May 19, 2016 to file any objections. Defendants Barfield, Corizon Health,
Inc., Humpries, and Patterson timely filed objections. The remaining Defendants did not submit
objections. After a review of the objections, I find that they are without merit.
Accordingly, after a de novo review of the pleadings and documents in this case, together
with the Report and Recommendation, the following Order is entered:
AND NOW, this 7th day of June, 2016, IT IS HEREBY ORDERED that Defendants
Corizon Health, Inc., Allegheny County, David Humpries, CENP, Sarah A. Patterson as
Administratrix of the Estate of Dr. Michael Patterson, Allegheny County Jail Counselor Caitlin
Lee, Deputy Warden Monica Long, Deputy Warden Emerick, Assistant Health Services
Administrator Dr. Barfield and Warden Orlando Harper’s motions to dismiss, ECF Nos. 5, 11,
23, 31, 36, and 44, are DENIED. The Defendants shall file an Answer to the claims by June 28,
2016.
IT IS FURTHER ORDERED that the Report and Recommendation of Magistrate Judge
Cynthia Reed Eddy is hereby adopted as the Opinion of the District Court.
By the Court,
s/ Terrence F. McVerry
The Honorable Terrence F. McVerry
United States District Judge
cc:

The Honorable Cynthia Reed Eddy
United States District Court
Western District of Pennsylvania
Counsel of record via CM-ECF

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