BULLINS v. JIN et al

Filing 106

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.

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA KAMAIYO BULLINS, Plaintiff, v. BYUNGAK JIN, et al., Defendants. ) ) ) ) ) ) ) ) ) Civil Action No. 16-1048 Judge Cathy Bissoon Chief Magistrate Judge Maureen P. Kelly MEMORANDUM ORDER 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 s\Cathy Bissoon Cathy Bissoon United States District Judge cc (via First-Class, U.S. Mail): Kamaiyo Bullins MK 8789 SCI Greene 175 Progress Drive Waynesburg, PA 15370 cc (via ECF email notification): All Counsel of Record 2

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