GARRETT v. WEXFORD HEALTH et al

Filing 244

MEMORANDUM ORDER granting 225 Motion to Dismiss for Failure to State a Claim; granting 227 Motion to Dismiss; granting 229 Motion to Dismiss for Failure to State a Claim; 243 Report and Recommendation dated 6/12/2017 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)(1) of the Federal Rules of Appellate Procedure, Plaintiff has thirty (30) days to file a notice of appeal as provided by Rule 3 of the Federal Rules of Appellate Procedure, and as more fully stated in said Memorandum Order. Signed by Judge Kim R. Gibson on 7/18/2017. (dlg)

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

KAREEM GARRETT,
Plaintiff,
v.

WEXFORD HEALTH, et at.,
Defendants.

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Civil Action No. 3: 14-cv-00031
United States District Judge
Kim R. Gibson
United States Magistrate Judge
Cynthia Reed Eddy

MEMORANDUM ORDER

This case was commenced on February 2, 2014, and was referred to United States
Magistrate Judge Cynthia Reed Eddy for pretrial proceedings in accordance with the Magistrate
Judges Act, 28 U.S.C. § 636(b)(l), and the Local Rules of Court for Magistrate Judges. Upon
Plaintiffs compliance with the statutory requirements, his motion to proceed in forma pauperis
was granted on March 19, 2014. (ECF No. 15.)
Defendant Khatri (ECF No. 225), the Medical Defendants (ECF No. 227), and the DOC
Defendants (ECF No. 229) filed separate motions to dismiss, to which Plaintiff responded.
On June 12, 2017, Magistrate Judge Eddy filed a Report and Recommendation (ECF
No. 243) recommending that Defendants' motions to dismiss be granted. Plaintiff was served
with the Report and Recommendation at his listed address and was advised that he had until June
29, 2017, to file written objections to the Report and Recommendation. 1 Plaintiff has not filed
any objections nor has he sought an extension of time in which to do so.

At the time Plaintiff commenced this lawsuit he was an inmate in the custody of the
Pennsylvania of Corrections confined at SCI-Houtzdale. On May 19, 2015, Plaintiff notified the

After de nova review of the pleadings and documents in the case, together with the
Report and Recommendation, the following order is entered:

AND NOW, this

IB~ay of July, 2017:

1.

Defendant Khatri's motion to dismiss (ECF No. 225) is GRANTED;

2.

The Medical Defendants' motion to dismiss (ECF No. 227) is GRANTED;

3.

The DOC Defendants' motion to dismiss (ECF No. 229) is GRANTED; and

2.

IT IS FURTHER ORDERED that the Report and Recommendation (ECF No.

243) dated June 12, 2017, 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 of the Federal Rules of Appellate Procedure.

BY THE COURT:

~1:

Kim R. Gibson
United States District Judge

cc:

KAREEM GARRETT
14 E. Albemarle Ave. 1st Floor
Lansdowne, PA 19050
All counsel of record
(via ECF Electronic notification)

Court that he had been released on parole. On May 9, 2016, Plaintiff provided the Court with his
current address in Lansdowne, PA.
2