Dunyan v. Pennsylvania Department of Corrections et al
| James M. Dunyan |
| Pennsylvania Department of Corrections, John Wetzel, Douglas Bopp, Andrew Dancha, Vernon Preston, Carol Hines, Wexford Health Sources Inc., Donald Kera and Correct Care Solutions, Inc. |
| 1:2016cv02103 |
| October 19, 2016 |
| U.S. District Court for the Middle District of Pennsylvania |
| Harrisburg Office |
| Centre |
| GS |
| Yvette Kane |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| None |
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Filing
47
ORDER (memorandum filed previously as separate docket entry) IT IS ORDERED THAT Plaintiffs motions 2 & 18 for leave to proceed in forma pauperis are DENIED AS MOOT. Defendants Correct Care Solutions, LLC, Andrew Dancha, Carol Hines, and Vernon P restons motion 32 to dismiss is GRANTED as follows:a. The motion to dismiss is GRANTED as to Plaintiffs claims for compensatory damages against the Defendants in their official capacities under 42 U.S.C. § 1983; b. The motion to dismiss is GRA NTED as to Plaintiffs claims against Defendants Correct Care Solutions, LLC, Dr. Dancha, and Dr. Preston, and Carol Hines without prejudice to Plaintiff filing an amended complaint in accordance with the Courts Memorandum thirty days (30) from the da te mediation proceedings are completed, should such proceedings prove unsuccessful. Defendant Wexford Health Sources, Inc.s unopposed motion 35 to dismiss is GRANTED. Plaintiffs claims against Defendant Wexford Health Sources, Inc. are DISMISSED WI TH PREJUDICE and the Clerk of Court is directed to terminate Wexford Health Sources, Inc. as a Defendant in this action. This case is REFERRED to the Courts Prison Litigation Settlement Committee for assignment of a neutral third party to facilitate settlement discussions. Upon notification of the assigned neutral third party, the court will issue an order of appointment directing him/her to promptly schedule a mediation or settlement conference in consultation with the parties and the above-captioned action is STAYED pending the outcome of mediation proceedings. Signed by Honorable Yvette Kane on 8/16/17. (rw)
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