MAY v. CASH et al
Filing
62
MEMORANDUM ORDER - it is hereby Ordered that the Motion to Dismiss filed by Defendant John Shedlock, D.O. (ECF No. 24 ) is GRANTED and all claims against Defendant Shedlock are dismissed with prejudice. It is further Ordered that the Report and Rec ommendation (ECF No. 55) is ADOPTED as the Opinion of the Court. It is further Ordered that this matter is remanded back to the magistrate judge for all further pretrial proceedings, and as more fully stated in said Memorandum Order. Signed by Judge Kim R. Gibson on 1/23/2014. (dlg)
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
)
) Civil Action No.3: 13-CV-00069
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) District Judge Kim R. Gibson I
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) Magistrate Judge Cynthia Reed Eddy
)
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EDWARD MAY,
Plaintiff,
v.
MICHAEL CASH, D.O., et al.,
Defendants.
MEMORANDUM ORDER
The above captioned case was initiated on March 27, 2013 by the filing of a motion to
proceed in forma pauperis and was referred to a United States Magistrate Judge for pretrial
proceedings in accordance with the Magistrate Judges Act, 28 U.S.C. § 636(b)(1), and the Local
Rules of Court for Magistrate Judges.
On July 2, 2013, Plaintiff filed an Amended Complaint (ECF No. 16), which remains the
operative complaint. Named as Defendants are Michael Cash, D.O., Steven Burk, P.A., Jason
Kopera, R.N., Normal Weidlich, Jeannette Nagy Pharmacy, Anthony Pazcoquin (collectively
referred to as the "Federal Defendants"), and John Shedlock, D.O, a non-Bureau of Prisons
contract optometrist.
Defendant John Shedlock, D.O., filed a Motion to Dismiss seeking to have Plaintiffs
claims against him dismissed with prejudice pursuant to Federal Rule of Civil Procedure
12(b)(6) and Pennsylvania Rule ofCivi1 Procedure 1042.3 and 1042. On December 20,2013, the
magistrate judge filed a Report and Recommendation (ECF No. 55) recommending that the
Motion to Dismiss be granted, that amendment of the Amended Complaint would be futile, and
that the claims against Defendant Shedlock should be dismissed with prejudice.
Plaintiff was served with the Report and Recommendation at his listed address and was
advised that he had until January 6, 2014, to file written objections to the Report and
Recommendation. Thereafter, Plaintiffwas granted an extension oftime until January 21, 2014,
to file written objections.
On January 22, 2014, the Court received a document entitled "Response to Defendant
John Shedlock Motion to Dismiss and Opinion of Magistrate," (ECF No. 61 ), in which Plaintiff
affirmatively states, inter alia, that "Plaintiff accepts the order issued by the Magistrate as it
pertains to Defendant Shedlock and waives any objections to said order."
After de novo review of the pleadings and documents in the case, together with the
Report and Recommendation, and Plaintiffs "Response to Defendant John Shedlock Motion to
Dismiss and Opinion of Magistrate," the follow~~order is entered:
AND NOW, this
23 day of January, 2014;
IT IS HEREBY ORDERED that the Motion to Dismiss filed by Defendant John
Shedlock, D.O. (ECF No. 24) is GRANTED and all claims against Defendant Shedlock are
dismissed with prejudice.
IT IS FURTHER ORDERED that the Report and Recommendation (ECF No. 55) is
ADOPTED as the Opinion ofthe Court.
IT IS FURTHER ORDERED that this matter is remanded back to the magistrate judge
for all further pretrial proceedings.
(.
~¥.~
Kim R. Gibson
United States District Judge
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cc:
EDWARDMAY
21597-039
LORETTO
FEDERAL CORRECTIONAL INSTITUTION
Inmate Mail/Parcels
P.O. BOX 1000
LORETTO, P A 15940
Megan E. Farrell
United States Attorney's Office
Email: megan.farrell@usdoj .gov
Sharon Lehman Bliss
Snyder & Andrews
Email: Blisss@nationwide.com
3
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