BARNES v. WARTZ et al

Filing 82

ORDER - IT IS HEREBY ORDERED that the Motion to Dismiss, ECF No. 45 , is granted. However, IT IS FURTHER ORDERED the dismissal is without prejudice as to Counts II, IV, VI and VII. IT IS FURTHER ORDERED that that Plaintiff is permitted to file, with in twenty (20) days of the date of this Order, an Amended Complaint on these counts to specifically address the deficiencies identified herein. IT IS FURTHER ORDERED that, pursuant to Rule 4(a)(1) of the Federal Rules of Appellate Procedure, if any party wishes to appeal from this Order a notice of appeal, as provided in Fed. R. App. P. 3, must be filed with the Clerk of Court, United States District Court, within thirty (30) days. Signed by Judge Kim R. Gibson on 9/26/2016. (dlg)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
TONY S. BARNES,

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Plaintiff,

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V.

PAMELA WERTZ, PRIME CARE
MEDICAL, INC., MARC T. MASUCCI,
MICHAEL T. JOHNSON, OFFICER URISH,
BLAIR COUNTY, BLAIR COUNTY
PRISON BOARD, JOHN DOES 1-3, and
JANE DOE,
Defendants.

AND NOW, this

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Civil Action No. 15-134
Judge Kim R. Gibson
Chief Magistrate Judge Maureen P. Kelly

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Re:

ECF No. 45

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ORDER

day of September, 2016, after Plaintiff Tony S. Barnes,

("Plaintiff') filed an action in the above-captioned case, and after a Motion to Dismiss was filed
by Defendant Marc T. Masucci, and after a Report and Recommendation was filed by the United
States Magistrate Judge, and no Objections thereto having been filed, and upon independent
review of the record, and upon consideration of the Magistrate Judge's Report and
Recommendation, which is adopted as the opinion of this Court,
IT IS HEREBY ORDERED that the Motion to Dismiss, ECF No. 45, is granted.
However, IT IS FURTHER ORDERED the dismissal is without prejudice as to Counts II, IV, VI
and VII.

IT IS FURTHER ORDERED that that Plaintiff is permitted to file, within twenty (20)

days of the date of this Order, an Amended Complaint on these counts to specifically address the
deficiencies identified herein.
IT IS FURTHER ORDERED that, pursuant to Rule 4(a)(l) of the Federal Rules of

Appellate Procedure, if any party wishes to appeal from this Order a notice of appeal, as provided
in Fed. R. App. P. 3, must be filed with the Clerk of Court, United States District Court, at 700
Grant Street, Room 3110, Pittsburgh, PA 15219, within thirty (30) days.

Kim R. Gibson
United States District Judge

cc:

Honorable Maureen P. Kelly
Chief United States Magistrate Judge
Tony S. Barnes
LT-2008
SCI Smithfield
P.O. Box 999
1120 Pike Street
Huntingdon, PA 16652

All counsel of record via CM-ECF

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