WASHINGTON v. BARNHART et al

Filing 47

MEMORANDUM ORDER - it is hereby Ordered that the R&R of the Magistrate Judge (ECF No. 42 ) is adopted as the Opinion of the Court. It is further Ordered that the Motion for More Definite Statement and to Sever (ECF No. 30 ) is DENIED. And it is further Ordered that this case is remanded back to the Magistrate Judge for all other pretrial proceedings, and as more fully stated in said Memorandum Order. Signed by Judge Kim R. Gibson on 7/25/2018. (dlg)

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

HENRY UNSELD WASHINGTON,
Plaintiff,
V.

JONATHAN BARNHART, Medical
Director, SCI Somerset, et al.,
Defendants.

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Civil Action No. 17 - 70J

District Judge Kim R. Gibson
Magistrate Judge Lisa Pupo Lenihan

MEMORANDUM ORDER
Plaintiff, Henry Unseld Washington, initiated the instant prose prisoner civil rights
action on April 28, 2017, by the filing of a Motion for Leave to Proceed informa pauperis.
(ECF No. 1.) Plaintiffs Complaint and five supplements thereto (ECF Nos. 11; 11-1; 11-2; 113; 11-4; 11-5) were docketed on May 18, 2017. In accordance with the Magistrate Judge's Act,
28 U.S.C. § 636(b)(l), and Rules 72.C and 72.D of the Local Rules of Court, all pretrial matters
were referred to United States Magistrate Judge Lisa Pupo Lenihan.
On January 11, 2018, the Commonwealth Defendants filed a Motion for More Definite
Statement and to Sever. (ECF No. 30.) Plaintiff filed his response in opposition to the Motion
on January 29, 2018. (ECF No. 32.) He also filed a "Clarity of List of Defendants" on February
23, 2018. (ECF No. 37.) On March 5, 2018, the Medical Defendants filed a Motion to Dismiss
pursuant to Federal Rule of Civil Procedure 12(b)(6). (ECF No. 39.) Plaintiff filed his response
in opposition to that Motion on March 28, 2018. (ECF No. 41.)

On June 27, 2018, the Magistrate Judge issued a Report and Recommendation ("R&R")
recommending that the Commonwealth Defendants' Motion for More Definite Statement and to
Sever be denied. (ECF No. 42.) No written objections were filed by any of the parties and the
time to do so has since expired. Therefore, after careful de nova review, the following Order is
now entered.

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AND NOW, this 25day of July, 2018;
IT IS HEREBY ORDERED that the R&R of the Magistrate Judge (ECF No. 42) is

adopted as the Opinion of the Court.
IT IS FURTHER ORDERED that the Motion for More Definite Statement and to Sever

(ECF No. 30) is DENIED.
AND IT IS FURTHER ORDERED that this case is remanded back to the Magistrate

Judge for all other pretrial proceedings.

Kim R. Gibson
United States District Judge
cc: Henry Unseld Washington
AM-3086
S.C.I. Somerset
1600 Walters Mill Rd.
Somerset, PA 15510
Counsel for Defendants
(Via CM/ECF electronic mail)

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