LANE v. ROZUM et al

Filing 105

MEMORANDUM ORDER - it is ORDERED that the motions for summary judgment at ECF no. 74 and ECF no. 78 and the motions to dismiss for failure to state a claim at ECF no. 38 and ECF no. 40 are granted in part and denied in part as set out in [101 ] Report and Recommendation, which is adopted as the opinion of the Court. The remaining claims are against Dr. Mahmud for deliberate indifference and negligence, and against the Pennsylvania Department of Corrections for a defective condition of rea l estate. The Clerk can terminate the following as defendants: Gerald Rozum, Daniel Gehlman, Sergeant Stayer, C.O. Keyser, Lieutenant Ryba, Sergeant Brothers, C.O. Walters, Denise Thomas, Renee Snyder, Edward Mulligan, Joseph Bianconi, John LaFrambo ise, the S.C.I. Somerset, Corizon Health, Inc., and R.N. Michele Swanhart. The matter remains before the Magistrate Judge for further pretrial proceedings, and as more fully stated in said Memorandum Order. Signed by Judge Kim R. Gibson on 3/28/2016. (dlg)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
JOHN L. LANE,
Plaintiff
v.
GERALD ROZUM, SUPERINTENDENT,
S.C.I. SOMERSET, et al.,
Defendants

Case No. 3:13-cv-268-KRG-KAP

Memorandum Order
This matter is before Magistrate Judge Keith A. Pesto for
pretrial proceedings in accordance with the Magistrates Act,

28

U.S.C.§ 636 and Local Civil Rule 72.
The Magistrate Judge filed a Report and Recommendation
on March 11, 2016, ECF no. 101, recommending that the motion for
summary judgment at ECF no. 74 by defendants Gerald Rozum, Daniel
Gehlman,
Brothers,

Sergeant Stayer, C.O. Keyser,
C.O.

Walters,

Denise

Lieutenant Ryba, Sergeant

Thomas,

Renee

Snyder,

Edward

Mulligan, Joseph Bianconi, John LaFramboise, the S.C.I. Somerset,
and the Pennsylvania Department of Corrections

(the Pennsylvania

Department of Corrections defendants), and the motion for summary
judgment at ECF no.

78 by defendants Corizon Health,

Inc.,

Dr.

Rashida Mahmud, and R.N. Michele Swanhart (the medical defendants)
be granted in part and denied in part, and recommending that the
motions to dismiss for failure to state a claim at ECF no. 40 by
the Pennsylvania Department of Corrections defendants and at ECF
no. 38 by the medical defendants be granted in part and denied in
part.

The parties were notified that, pursuant to 28 U.S.C.§
636 (b) (1), they had fourteen days to file written objections to the
Report and Recommendation.

Plaintiff sought an extension of time

to file objections, see ECF no. 103, that was denied, see ECF no.
104, but despite the lack of objections I have reviewed the record
and the briefs de novo.
After de novo review of the record and the Report and
Recommendation, the following order is entered:
AND NOW, this

2g+~ay

of March, 2016, it is

ORDERED that the motions for summary judgment at ECF no.
74 and ECF no. 78 and the motions to dismiss for failure to state
a claim at ECF no. 38 and ECF no. 40 are granted in part and denied
in part as

set out

in the Report

and Recommendation,

adopted as the opinion of the Court.

which is

The remaining claims are

against Dr. Mahmud for deliberate indifference and negligence, and
against the Pennsylvania Department of Corrections for a defective
condition of real estate.
The Clerk can terminate the
Gerald

Rozum,

Lieutenant Ryba,

Daniel

Gehlman,

following

Sergeant

Stayer,

Sergeant Brothers, C.O. Walters,

as

defendants:

C.O.

Keyser,

Denise Thomas,

Renee Snyder, Edward Mulligan, Joseph Bianconi, John LaFramboise,
the

S.C.I.

Somerset,

Corizon

Health,

Swanhart.

2

Inc.,

and

R.N.

Michele

The

matter

remains

before

the

Magistrate

Judge

further pretrial proceedings.

BY THE COURT:

KIM R. GIBSON,
UNITED STATES DISTRICT JUDGE
Notice to counsel of record by ECF

3

for