GARRETT v. WEXFORD HEALTH et al

Filing 213

ORDER - The Motion to Dismiss (ECF No. 183 ), which has been converted into a Motion for Summary Judgment, filed by Defendant Khatri is GRANTED and judgment will be entered in favor of Dr. Khatri. The Motion to Dismiss (ECF No. 185 ), which has be en converted into a Motion for Summary Judgment, filed by the Medical Defendants is GRANTED and judgment will be entered in favor of the Medical Defendants. The Motion to Dismiss and/or Motion for More Definite Statement (ECF No. 181 ) filed by the DOC Defendants is GRANTED. Plaintiff shall be given one final opportunity to amend his complaint and claims against the DOC. He should file a single operative complaint consisting of a short and plain statement of his claims as required by Rule 8 of the Federal Rules of Civil Procedure. It is ORDERED that Plaintiff shall file his Fourth Amended Complaint no later than 9/30/2016. Plaintiff is advised that this case will be dismissed for lack of prosecution if the Fourth Amended Complaint is not timely filed. IT IS FURTHER ORDERED that the Report and Recommendation (ECF No. 209 ) dated July 14, 2016, 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. Signed by Judge Kim R. Gibson on 9/9/2016. (dlg)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA

KAREEM GARRETT,
Plaintiff,
v.
WEXFORD HEALTH, et al.,
Defendants.

h

AND NOW, this

)
)
)
)
)
)
)
)
)

Civil Action No. 3: l 4-cv-00031
United States District Judge
Kim R. Gibson

ORDER

9 +day of September, 2016, it is hereby ORDERED, ADJUDGED,

AND DECREED that for the reasons set forth in the accompanying memorandum opinion:
I.

The Motion to Dismiss (ECF No. 183), which has been converted into a Motion

for Summary Judgment, filed by Defendant Khatri is GRANTED and judgment will be entered
in favor of Dr. Khatri.
2.

The Motion to Dismiss (ECF No. 185), which has been converted into a Motion

for Summary Judgment, filed by the Medical Defendants is GRANTED and judgment will be
entered in favor of the Medical Defendants.
3

The Motion to Dismiss and/or Motion for More Definite Statement (ECF No.

181) filed by the DOC Defendants is GRANTED. Plaintiff shall be given one final opportunity
to amend his complaint and claims against the DOC. He should file a single operative complaint
consisting of a short and plain statement of his claims as required by Rule 8 of the Federal Rules
of Civil Procedure.

4.

than

It is ORDERED that Plaintiff shall file his Fourth Amended Complaint no later

.se.r-h ~'I. 30)20J6:
l'I\

t""

Plaintiff is ad vised that this case will be dismissed for lack

of prosecution ifthe Fourth Amended Complaint is not timely filed.

IT IS FURTHER ORDERED that the Report and Recommendation (ECF No. 209)
dated July 14, 2016, 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.

BY THE COURT: ~

~R

Kim R. Gibson
United States District Judge

cc:

KAREEM GARRETT
14 E. Albemarle Ave. 1st Floor
Lansdowne, PA 19050
(via U.S. First Class Mail)
All counsel of record via ECF notification

2