PROBST v. SCI GREENE MEDICAL DEPT et al

Filing 33

ORDER granting 14 Motion to Dismiss filed by SCI-Greene Medical Department; converting 16 Motion to Dismiss filed by Doctor Jin to a motion for summary judgment and thereafter granting; and further adopting 29 Report and Recommendation of Magistrate Judge Eddy as the opinion of the Court. Final judgment to be entered. The Clerk shall mark this case CLOSED. Signed by Judge David S. Cercone on 4/27/18. (njt)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
DAVID PROBST,

)

)
)

Plaintiff,

v.
SCI GREENE MEDICAL DEPT and
DOCTORJYN,

Defendants.

+
AND NOW, this

21

day

2: 17CV1 0 14
Electronic Filing

)
)
)
)
)
)
)

ORDER OF COURT

of~' 2018, for the reasons set forth in the Opinion

filed this date, IT IS ORDERED as foUs:
(i)

The Motion to Dismiss filed by Defendant SCI-Greene Medical Dept be,

and the same hereby is, granted;
(ii)

The Motion to Dismiss filed by Doctor Jin, which has been converted to a

motion for summary judgment, be, and the same hereby is, granted;
(iii)

Leave to amend the complaint is denied as futile;

(iv)

Plaintiffs separate negligence I medical malpractice claims against Dr. Jin

are denied without prejudice for want of jurisdiction;
(v)

The Magistrate Judge's February 23, 2018, Report and Recommendation

as augmented, be, and the same hereby is, adopted as the opinion of the court.
Final judgment will be entered and the Clerk will be directed to mark the case closed.

David Stewart Cercone
Senior United States District Judge

cc:

David Probst
JU-7714
SCI Greene
175 Progress Drive
Waynesburg, PA 15370
(Via First Class Mail)
Mary Lynch Friedline, Esquire
Benjamin M. Lombard, Esquire
Samuel H. Foreman, Esquire
(Via CMIECF Electronic Mail)