Scott v. Biricochi

Full title: MICHAEL SCOTT, Plaintiff, v. WESLEY BIRICOCHI, Narcotics Agent, CHAIRMAN…

Court: United States District Court, W.D. Pennsylvania

Date published: Feb 1, 2023

2:21cv1805 (W.D. Pa. Feb. 1, 2023)

Opinion

2:21cv1805

02-01-2023

MICHAEL SCOTT, Plaintiff, v. WESLEY BIRICOCHI, Narcotics Agent, CHAIRMAN SEAN KERTES, Chairman For Westmoreland County Commissioner's Office, WESTMORELAND COUNTY PRISON, and WEXFORD HEALTH SOURCES, INC., Defendants.

Scott Avolio, Esquire Christopher J. Wetzel, Esquire Jeffrey J. Wetzel, Esquire (Via CM/ECF Electronic Mail) Michael Scott Westmoreland County Prison (Sent Via First Class Mail)

David Stewart Cercone Senior United States District Judge

Electronic Filing

Scott Avolio, Esquire Christopher J. Wetzel, Esquire Jeffrey J. Wetzel, Esquire (Via CM/ECF Electronic Mail)

Michael Scott Westmoreland County Prison (Sent Via First Class Mail)

The Honorable Maureen P. Kelly, United States Magistrate Judge

ORDER OF COURT

David Stewart Cercone Senior United States District Judge

AND NOW, this 1^st day of February, 2023, upon due consideration of defendant Wexford Health Sources' ("defendant") motion to dismiss and the Report and Recommendation of the Magistrate Judge addressing the same, and after de novo review of the record, IT IS ORDERED that [29] defendant's motion be, and the same hereby is, granted in part and denied in part. Plaintiff's claims for declaratory and injunctive relief are dismissed with prejudice. Plaintiff's claims for deliberate indifference to medical and mental health needs, Monell liability and punitive damages are dismissed without prejudice; in this regard Plaintiff may file an Amended Complaint seeking to cure the deficiencies as to these claims in accordance with Magistrate Judge's directives and date for doing so. In all other aspects the motion is denied. The Report and Recommendation of October 19, 2022, is adopted as the opinion of the court; and

IT FURTHER IS ORDERED that in the event plaintiff intends to address the deficiencies highlighted in the Report and Recommendation, plaintiff shall file his amended complaint on or before March 3, 2023. Any amended complaint shall fully allege every claim plaintiff intends to pursue against each specific party for which plaintiff seeks to establish liability as to the claim and be a pleading that stands without reference to or incorporation of the original complaint.