GELLOCK v. PRISON HEALTH SERVICES, INC. et al
| EDWARD C. GELLOCK |
| PRISON HEALTH SERVICES, INC., PA. DEPT. OF CORRECTIONS, NANCY GIROUX, MAXINE OVERTON and MARK BAKER |
| 1:2007cv00008 |
| January 19, 2007 |
| US District Court for the Western District of Pennsylvania |
| Erie Office |
| Erie |
| Susan Paradise Baxter |
| Sean J. McLaughlin |
| Prisoner Civil Rights (Prison Condition) |
| 42 U.S.C. ยง 1983 pr Prisoner Civil Rights |
| Plaintiff |
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Filing
80
MEMORANDUM JUDGMENT ORDER: AND NOW, this 8th day of July, 2009; IT IS ORDERED that: 1. The motion for summary judgment filed by Defendant Prison Health Services, Inc. 63 be, and hereby is, GRANTED; and 2. The motion for summary judgment filed by De fendants PA. Department of Corrections, Deputy Supt. Nancy Giroux, and Maxine Overton, R.N. 70 be, and hereby is, GRANTED. IT IS FURTHER ORDERED that JUDGMENT be, and hereby, is entered in favor of DEFENDANTS and against Plaintiff as to all of the Plaintiff's remaining federal claims. IT IS FURTHER ORDERED that Plaintiff's state law negligence claim be, and hereby is, DISMISSED without prejudice pursuant to 28 U.S.C. § 1367(c)(3), inasmuch as there are no claims remaining in t his case over which this Court has original subject matter jurisdiction and this Court declines to exercise supplemental jurisdiction over said state law claim. The report and recommendation of Magistrate Judge Baxter, filed on June 8, 2009 79 , is adopted as the opinion of this Court. Signed by Judge Sean J. McLaughlin on 07/08/2009. (kas)
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Filing
41
MEMORANDUM ORDER: AND NOW, this 8th day of February, 2008, IT IS ORDERED that: 1. The motion to dismiss amended complaint filed by Defendants Prison Health Services, Inc. (PHS) and Mark Baker, M.D. 15 be, and hereby is, DENIED as to: (a) Plaintiff& #039;s Eighth Amendment claim against Defendant PHS premised upon its alleged unconstitutional policy of providing inadequate medical care, and (b) Plaintiff's state law negligence claims against PHS. In all other respects, said motion is GRANT ED; and 2. The motion to dismiss Plaintiff's first amended complaint filed by Defendants PA. Department of Corrections, Deputy Supt. Nancy Giroux, and Maxine Overton, R.N. (the DOC Defendants) 22 be, and hereby is, DENIED as to: (a) Plaintiff& #039;s Eighth Amendment claim against the DOC Defendants in their official capacities, to the extent Plaintiff seeks only declaratory and injunctive relief; (b) Plaintiff's Eighth Amendment claims against Defendants Giroux and Overton in their i ndividual capacities; (c) Plaintiff's retaliation claim related to the alleged confiscation of his personal property; and (d) Plaintiff's state law negligence claim against Defendant Overton. In all other respects, said motion is GRANTED. The report and recommendation of Chief Magistrate Judge Baxter, filed on November 30, 2007 38 , is adopted as the opinion of this Court. Signed by Judge Sean J. McLaughlin on 02/08/2008. (kas)
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