BULLINS v. JIN et al
MEMORANDUM ORDER. The Medical Defendants' Motion to Dismiss (Doc. 77 ) is GRANTED IN PART and DENIED IN PART, as described herein; the D.O.C. Defendants' Motion to Dismiss (Doc. 79 ) is GRANTED, and those Defendants are terminated as par ties to this lawsuit; and the Magistrate Judge's Report and Recommendation (Doc. 98 ) hereby is adopted as the Opinion of the District Court. Signed by Judge Cathy Bissoon on 3/6/18. (dcd) Staff note: a copy of this filing will be sent, via First-Class U.S. Mail, to Plaintiff's address of record on 3/7/18.
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
BYUNGAK JIN, et al.,
Civil Action No. 16-1048
Judge Cathy Bissoon
Chief Magistrate Judge Maureen P. Kelly
This case has been referred to Chief Magistrate Judge Maureen P. Kelly for pretrial
proceedings in accordance with the Magistrates Act, 28 U.S.C. §§ 636(b)(l)(A) and (B),
and Local Rule of Civil Procedure 72.
On January 16, 2018, the Magistrate Judge issued a Report (Doc. 98) recommending that
the D.O.C. Defendants’ Motion to Dismiss (Doc. 79) be granted, and that the Medical
Defendants’ Motion to Dismiss (Docs. 77) be granted in part and denied in part, as described in
the Report. Service of the Report and Recommendation was made, and Plaintiff has filed
Objections. See Doc. 103.
After a de novo review of the pleadings and documents in the case, together with the
Report and Recommendation and the Objections thereto, the following Order is entered:
The Medical Defendants’ Motion (Doc. 77) is GRANTED IN PART and DENIED IN
PART, as follows: for Count I, the Motion is granted as to Dr. Lehman and Wexford,
and denied as to Dr. Jin; for Count II, the Motion is granted as to Dr. Lehman, Dr. Jin and
Wexford; and for Count III, the Motion is denied as to Dr. Jin. Additionally, the D.O.C.
Defendants’ Motion to Dismiss (Doc. 79) is GRANTED, and those Defendants are terminated
as parties to this lawsuit. Finally, the Magistrate Judge’s Report and Recommendation (Doc. 98)
hereby is adopted as the Opinion of the District Court.
IT IS SO ORDERED.
March 6, 2018
United States District Judge
cc (via First-Class, U.S. Mail):
175 Progress Drive
Waynesburg, PA 15370
cc (via ECF email notification):
All Counsel of Record
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