OLLIE v. LUBAHN, M.D. et al
| JOSEPH LEE OLLIE |
| JOHN LUBAHN, M.D. and PARTRICK SMITH, M.D. |
| 1:2018cv00072 |
| March 5, 2018 |
| US District Court for the Western District of Pennsylvania |
| Erie Office |
| Erie |
| Susan Paradise Baxter |
| Prison Condition |
| 42 U.S.C. ยง 1983 |
| None |
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Filing
46
ORDER that the report and recommendation of Magistrate JudgeLanzillo, issued October 5, 2018 38 , is adopted as the opinion of the court insofar as Defendants motions to dismiss 22 , 24 are GRANTED and all claims against Defendants Lubahn and Smi th are DISMISSED, with prejudice. The Court, however, declines to adopt the recommendation to deny as moot Defendant Lubahns motion to strike Plaintiffs amended complaint 37 . Because the proposed amendment was mistakenly docketed as an amended comp laint and the four additional defendants were added to the caption, without leave of Court, appropriate action must be taken to strike the amendment. Thus, although the Court agrees with Judge Lanzillos rationale for finding Plaintiffs amendment futi le, it is compelled by circumstance to GRANT Defendant Lubahns motion to strike amended complaint 37 for the reasons more fully set forth in the R&R 38 , (at pp. 8-9), and Defendants St. Vincent, UPMC, and the two unnamed Defendants are terminated from this case. The Clerk is directed to mark this case closed. Signed by Judge Susan Paradise Baxter on 11/9/18. (lrw)
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