MAY v. CASH et al
Filing
77
MEMORANDUM ORDER - IT IS HEREBY ORDERED that 46 Motion to Dismiss or, in the alternative, Motion for Summary Judgment filed by Defendants Michael Cash, D.O., Steven Burk, P.A., Jason Kopera, R.N., Normal Weidlich, Jeannette Nagy, pharmacists, and A nthony Pazcoquin (collectively referred to as the "Federal Defendants") be granted with prejudice. IT IS FURTHER ORDERED that the Report and Recommendation (ECF. No. 71 ) dated April 21, 2014, is ADOPTED as the Opinion of the Court. IT I S FURTHER ORDERED that the Clerk of Court mark this case CLOSED. AND IT IS FURTHER ORDERED that pursuant to Rule 4(a)(1) of the Federal Rules of Appellate Procedure, Plaintiff has thirty (30) days to file a notice of appeal as provided by Rule 3 ofthe Federal Rules of Appellate Procedure, and as more fully stated in said Memorandum Order. Signed by Judge Kim R. Gibson on 6/27/2014. (dlg)
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
EDWARD MAY,
)
)
Plaintiff,
)
Civil Action No.3: 13-cv-00069
)
V.
)
)
MICHAEL CASH, D.O., et al.,
)
Defendants.
)
)
United States District Judge
Kim R. Gibson
United States Magistrate Judge
Cynthia Reed Eddy
MEMORANDUM ORDER
The above captioned case was initiated by the filing of a motion to proceed in forma
pauperis (ECF No. 1) on March 20, 2013 and was referred to a United States magistrate judge
for pretrial proceedings in accordance with the Magistrate Judges Act, 28 U.S.C. ยง 636(b)(1),
and the local rules of court. Plaintiff was granted leave to proceed in forma pauperis and the
complaint was filed. On July 2, 2013, Plaintiff filed an Amended Complaint, which remains the
operative complaint (ECF No. 16).
On April 21, 2014, the Magistrate Judge filed a Report and Recommendation (ECF No.
71) recommending that the Motion to Dismiss or, in the alternative, Motion for Summary
Judgment filed by Defendants Michael Cash, D.O., Steven Burk, P.A., Jason Kopera, R.N.,
Normal Weidlich, Jeannette Nagy, pharmacists, and Anthony Pazcoquin be granted and that the
case be dismissed with prejudice. After being granted an extension of time in which to file
objections to the Report and Recommendation, Plaintiff filed Objections on June 3, 2014 (ECF
No. 74). Plaintiffs Objections do not undermine the recommendation of the Magistrate Judge.
As the Report and Recommendation aptly notes, the November 2, 2012, response letter
received from the Bureau of Prisons' regional counsel clearly pertained to Plaintiffs
1
administrative claim no. TRT-NER-2012-05256, in which Plaintiff, under the Federal Tort
Claims Act, was alleging negligence against the FCI Loretto medical staff. Plaintiff's claims in
the instant lawsuit are not based on negligence, but rather are based on alleged violations of
Plaintiff's rights under the First, Fourth, Sixth, and Eighth Amendments to the U.S. Constitution
pursuant to Bivens v. Six Unknown Named Agents ofthe Federal Bureau of Narcotics, 403 U.S.
388 (1971 ). See Amended Complaint,
at~
1 (ECF No. 16).
After 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:
AND NOW, this
.Yh
Z1_ day of June, 2014;
IT IS HEREBY ORDERED that the Motion to Dismiss or, in the alternative, Motion
for Summary Judgment filed by Defendants Michael Cash, D.O., Steven Burk, P.A., Jason
Kopera, R.N., Normal Weidlich, Jeannette Nagy, pharmacists, and Anthony Pazcoquin
(collectively referred to as the "Federal Defendants") be granted with prejudice.
IT IS FURTHER ORDERED that the Report and Recommendation (ECF. No. 71)
dated April21, 2014, is ADOPTED as the Opinion of the Court.
IT IS FURTHER ORDERED that the Clerk of Court mark this case CLOSED.
AND IT IS FURTHER ORDERED that pursuant to Rule 4(a)(l) of the Federal Rules
of Appellate Procedure, Plaintiff has thirty (30) days to file a notice of appeal as provided by
Rule 3 ofthe Federal Rules of Appellate Procedure.
B~~~
Kim R. Gibson
United States District Judge
2
cc:
EDWARDMAY
21597-039
LORETTO
FEDERAL CORRECTIONAL INSTITUTION
Inmate Mail/Parcels
P.O. BOX 1000
LORETTO, PA 15940
Megan E. Farrell
United States Attorney's Office
Email: megan.farrell@usdoj.gov
3
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?