Merritts v. Blair County Prison et al

Filing 18

MEMORANDUM ORDER - IT IS ORDERED that Plaintiff's Complaint in Civil Action (ECF No. 16 ) is hereby DISMISSED in part; and IT IS FURTHER ORDERED that the claims against Defendants Blair County Prison, Prime Care Medical, Inc., and Warden Abbie Tate are hereby DISMISSED with prejudice and these defendants shall be terminated from the case; and IT IS FURTHER ORDERED that the claim against Defendants Jennifer Bennett, Anne Frioli, and Tiffany Jones is hereby DISMISSED without prejudice. Plain tiff may assert this claim in a separate filing either in federal or state court properly asserting the necessary facts under either federal or state law, respectively and with the appropriate filing fee; and IT IS FURTHER ORDERED that Magistrate Jud ge Pesto's Report and Recommendation (ECF No. 17 ) is adopted in part as the Opinion of the Court; and, IT IS FURTHER ORDERED that this case is returned to the jurisdiction of Magistrate Judge Pesto for further proceedings only as to the claim of excessive force against Defendant Chad Murrey, and as more fully stated in said Memorandum Order. Signed by Judge Stephanie L. Haines on 3/7/2025. (dlg)