HARVEY v. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF CORRECTIONS et al

Filing 43

ORDER granting [ 27 and 32 Motions to Dismiss. Defendants Commonwealth of Pennsylvania Department of Corrections, Mark Capozza, Tammy Ferguson, Mr. Stessney, James Kelly and Amy Wood are dismissed with prejudice. Plaintiff may file an amended c omplaint as to Eighth Amendment claim against defendant William Shoupe no later than 3/28/18. FURTHER adopting 39 Report and Recommendation of Chief Magistrate Judge Kelly as the opinion of the Court. Signed by Judge David S. Cercone on 3/7/18. (njt)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
NORMAN F. HARVEY,
Plaintiff,
v.
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF CORRECTIONS,
WILLIAM SHOUPE, MARK CAPOZZA,
TAMMY FERGUSON, MR. STESSNEY,
JAMES KELLY, and AMY WOOD,
Defendants.

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Civil Action No. 17-49
Judge David Stewart Cercone
Chief Magistrate Judge Maureen P. Kelly

ORDER OF COURT
After Plaintiff filed a complaint in the above-captioned matter, Defendants filed Motions
to Dismiss at ECF Nos. 27 and 32. Chief United States Magistrate Judge Maureen P. Kelly filed
a Report and Recommendation giving the parties until February 20, 2018, to file written
objections thereto. Upon consideration of the Objections filed by Plaintiff, 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,
IT IS HEREBY ORDERED this 7th day of March, 2018, that the Motions to Dismiss are
GRANTED. Defendants Commonwealth of Pennsylvania Department of Corrections, Mark
Capozza, Tammy Ferguson, Mr. Stessney, James Kelly, and Amy Wood are DISMISSED WITH
PREJUDICE. IT IS FURTHER ORDERED that Plaintiff may file an Amended Complaint as to
his Eighth Amendment claim against Defendant William Shoupe no later than March 28, 2018.
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 Fed. R. App. P. 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.

s/ DAVID STEWART CERCONE
David Stewart Cercone
Senior United States District Judge
cc:

Honorable Maureen P. Kelly
Chief United States Magistrate Judge
Norman F. Harvey
Inmate #A693054
Trumbull Correctional Institution
P. O. Box 901
5701 Burnett Road
Leavittsburg, OH 44430
(Via First Class Mail)
Michael E. Kennedy, Esquire
Marie Milie Jones, Esquire
Michael R. Lettrich, Esquire
(Via CM/ECF Electronic Mail)

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