McDermitt v. Rubenstein et al
||William Ray McDermitt
||Jim Rubenstein, Patrick Mirandy and Tammy Daugherty
||December 23, 2016
||US District Court for the Northern District of West Virginia
||Michael John Aloi
||John Preston Bailey
|Nature of Suit:
|Cause of Action:
||42 U.S.C. § 1983
|Jury Demanded By:
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|August 21, 2018
ORDER ADOPTING 65 REPORT AND RECOMMENDATIONS: granting 41 Motion to Dismiss for failure to State a Claim; granting 56 Motion to Dismiss for failure to State a Claim; granting 30 Motion to Dismiss. The Plaintiff's 1 Complaint as it relates to work safety is DISMISSED WITH PREJUDICE. The Plaintiff's 1 complaint as it relates to medical malpractice/negligence is DISMISSED WITHOUT PREJUDICE. The Plaintiff's 1 complaint as it relates to deliberate indifference to his medical needs by Bean and Wexford is DISMISSED WITHOUT PREJUDICE. The Clerk is directed to enter judgment in favor of defendants. Signed by District Judge John Preston Bailey on 8/21/18. (njz) copy mailed to pro se pla via cert. return rec't mail (Additional attachment(s) added on 8/21/2018: # 1 Certified Mail Return Receipt) (njz).
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