McKeithan v. Iannuzzi et al
| Dennis McKeithan |
| Nelson Iannuzzi, NP, John Lisiak, M.D., Marva Cerullo and Alice Chipriano |
| 1:2010cv01751 |
| August 20, 2010 |
| US District Court for the Middle District of Pennsylvania |
| Harrisburg Office |
| Schuylkill |
| William W. Caldwell |
| Malachy E. Mannion |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| None |
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Filing
74
MEMORANDUM AND ORDER - AND NOW, this 18th day of June, 2012, it is ordered that the mtn. 65 to dismiss the second amd. complt. filed by deft., Marva Cerullo, & the mtn. 66 to dismiss the second amd. complt. 63 filed by defts., Nelson A. Iannuzzi & Dr. John Lisiak, are GRANTED, & the Clerk of Crt. shall close this file. (See memo for complete details.) Signed by Honorable William W. Caldwell on 6/18/12. (am, )
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Filing
61
MEMORANDUM AND ORDER - IT IS ORDERED that the motion 47 to dismiss the amended complaint filed by defendants, Nelson A. Iannuzzi and Dr. John Lisiak, and the motion 48 to dismiss the amended complaint filed by defendants, Marva Cerullo, Alice Chi priano, and Amy Albertson, are granted as follows: 1. The Eighth Amendment blood-sample claim against Cerullo, Chipriano, and Albertson is hereby dismissed without leave to amend. 2. The Eighth Amendment eczema claim against defendants, Cerullo, D r. Lisiak and Iannuzzi and the Eighth Amendment ingrown-toenail claim against defendants Iannuzzi and Cerullo are hereby dismissed. 3. Plaintiff is granted leave to file a second amended complaint setting forth his eczema claim and his ingrown toena il claim. 4. The second amended complaint shall be filed within twenty-one (21) days of the date of this order. 5. On the eczema claim, Plaintiff shall set forth factual allegations describing the condition of his eczema, showing that he was denie d a lotion he needed for the disease, naming the particular prison employee(s) who failed to provide him with the lotion, and the length of time he was without the lotion. 6. On the ingrown-toenail claim, Plaintiff shall set forth factual allegatio ns describing the condition of the toenail, naming the particular prison employee(s) who have failed to treat his ingrown toenail, and the occasions they refused him treatment. 7. The second amended complaint must be a completely new pleading that stands on its own and which sets forth sufficient factual allegations supporting the claims. 8. If Plaintiff fails to comply with this order, this action will be dismissed. Signed by Honorable William W. Caldwell on 12/21/11. (rc)
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