Buehl v. Harewood et al
| Roger Buehl |
| Adrian Harewood, Haresh Pandya, Vicki Stanishefski, Mary Alice Kuras, Christopher Oppman, Wexford Health Sources, Inc. and Correct Care Solutions, LLC |
| 3:2016cv00822 |
| May 9, 2016 |
| US District Court for the Middle District of Pennsylvania |
| Scranton Office |
| Schuylkill |
| A. Richard Caputo |
| Joseph F. Saporito |
| Civil Rights |
| 28 U.S.C. ยง 1441 |
| Defendant |
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Filing
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ORDER; adopting in part and rejected in part 10 Report and Recommendations as follows: (1)The Court ADOPTS the Magistrate Judges recommendation to DISMISS without prejudice Count I of Plaintiffs SAC (Doc. 1-1) as to Defendants Dr. Harewood, Oppman , Kuras, and Stanishefski;(2)The Court REJECTS the Magistrate Judges recommendation to dismiss Count I as to Defendant Dr. Pandya; (3)The Court REJECTS as moot the Magistrate Judges recommendation with respect to the § 1983 liability of Defendan ts Wexford Health Sources, Inc. and Correct Care Solution, LLC; (4)The Court REJECTS the Magistrate Judges recommendation to decline to exercise supplemental jurisdiction over Plaintiffs state-law claims pursuant to 28 U.S.C. § 1367(c)(3);(5)Pla intiff shall have twenty-one (21) days from the date of entry of this Order to file an amended complaint to properly plead an Eighth Amendment claim against Defendants Dr. Harewood, Oppman, Kuras, and Stanishefski. Otherwise, these claims will be dismissed with prejudice; and(6)The action is RECOMMITTED to Magistrate Judge Saporito for further proceedings.Signed by Honorable A. Richard Caputo on 3/7/17 (jam)
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