CURRY v. CO. LANGLEY et al
| KENDALL CURRY |
| CO LANGLEY, PA MILLER, PA KAUFMAN, UNIT MANAGER FRAZIER, PA WIEMER, PHD MS. MAHMUD, FORMER SUPERINTENDENT ROZUM, CHCA MR. HYDE, PA DEPARTMENT OF CORRECTIONS and WEXLERS HEALTH SERVICES |
| 3:2015cv00054 |
| March 3, 2015 |
| US District Court for the Western District of Pennsylvania |
| Johnstown Office |
| Somerset |
| Lisa Pupo Lenihan |
| Prison Condition |
| 42 U.S.C. ยง 1983 |
| None |
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Filing
51
ORDER granting 36 Motion to Dismiss for Failure to State a Claim to the extent that the individual DOC Defendants are barred from suit pursuant to the doctrine of res judicata and the PA DOC is entitled to Eleventh Amendment immunity; granting 40 Motion to Dismiss only to the extent that Wexford Health Services is entitled to dismissal; dismissing Plaintiff's claims against Defendants Kaufman and Dr. Mahmud pursuant to the Court's authority under 28 U.S.C. 1915(e)(2)(B)(ii) for fai lure to state a claim as they are barred from suit pursuant to the doctrine of res judicata; this case is dismissed with prejudice; the Clerk shall mark this case closed; plaintiff has 30 days in which to file a notice of appeal. Signed by Magistrate Judge Lisa Pupo Lenihan on December 18, 2015. (kcc)
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