WASHINGTON v. BARNHART et al

Filing 112

ORDER - IT IS HEREBY ORDERED that the Medical Defendants' Motion to Dismiss Plaintiff's Amended Complaint, ECF No. 76 , is (1) GRANTED with prejudice as it relates to Plaintiff's First Amendment free exercise of religion claim, and (2 ) DENIED as it relates to all other claims. IT IS FURTHER ORDERED that the Report and Recommendation (ECF No. 96 ) of Magistrate Judge Lenihan, dated August 1, 2019, is adopted as the opinion of the Court. Signed by Judge Kim R. Gibson on 9/27/2019. (dlg)

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

HENRY UNSELD WASHINGTON,

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Plaintiff,
V.

JONATHAN BARNHART, DR.
ROBINSON, RICHARD IRWIN, MARK
MAYLE, DR. HUTCHINSON, J.
STRAMAT, ANGELA JOHNSTON,
ROXANNE PLA YSO, BRIAN P. HYDE,
TESA ADELEKAN, B. COSTEA, LT.
CINKO, J. R. MCDONNELL, M. J.
FOSTER, K. TURNER, WILLIAM
BOWERS, PHILLIP MAUST, HEIDI
SROKA, ROBERT SNYDER, R.
PESCHOCK, J. GIRONE, and ELLIS
KAUFFMAN,
Defendants.

Civil Action No. 3: 17-cv-00070
Judge Kim R. Gibson/
Magistrate Judge Lisa Pupo Lenihan

ECFNo. 76

ORDER ON MEDICAL DEFENDANTS' MOTION TO DISMISS

Plaintiff initiated this action on April 28, 2017. Complaint (ECF No. 1.) The case
was referred to United States Magistrate Judge Lisa Pupo Lenihan for pretrial
proceedings in accordance with the Magistrate Judges Act, 28 U.S.C. §636(b)(1), and
Local Rules of Court 72.C and 72.D.
The Magistrate Judge's Report and Recommendation (ECF No. 96), filed on
August 1, 2019, recommended that the Medical Defendants' Motion to Dismiss
Plaintiff's Amended Complaint, ECF No. 76, be granted in part and denied in part.
More specifically, it was recommended that the Motion be (1) granted with prejudice as

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it relates to Plaintiff's First Amendment free exercise of religion claim, and (2) denied as
it relates to all other claims. The parties were informed that in accordance with the
Magistrate Judges Act, 28 U.S.C. § 636(b)(1)(B) and (C), and Rule 72.D.2 of the Local
Rules of Court, they had fourteen (14) days to file any objections, and that unregistered
ECF users were given an additional three (3) days pursuant to Federal Rule of Civil
Procedure 6(d). No objections have been filed.
After review of the pleadings and documents in the case, together with the
Report and Recommendation, the following Order is entered:

AND NOW, this

21tt of~rkM\xr2019,

IT IS HEREBY ORDERED that the Medical Defendants' Motion to Dismiss Plaintiff's

Amended Complaint, ECF No. 76, is (1) GRANTED with prejudice as it relates to
Plaintiff's First Amendment free exercise of religion claim, and (2) DENIED as it relates
to all other claims.

IT IS FURTHER ORDERED that the Report and Recommendation (ECF No. 96) of

Magistrate Judge Lenihan, dated August 1, 2019, is adopted as the opinion of the Court.

B~)ik;
Kim R. Gibson
United States District Judge

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cc:

Henry Unseld Washington
AM-3086
S.C.I. Somerset
1600 Walters Mill Rd
Somerset, PA 15510
Via First Class U.S. Mail
Counsel for Defendants
Via Electronic Mail

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