Opinion
Civil No. 1:13-CV-2518
09-06-2016
CARL T. BURTON also known as CARL T. STEWART, JR., Plaintiff, v. DAVID A. VARANO, et al, Defendants.
MEMORANDUM
Before the court is a Report and Recommendation filed by the magistrate judge (Doc. 196) in which she recommends that summary judgement be granted to the remaining defendants, i.e., Corizon Health Care Services, Jennifer Daya, Stanley Stanish, and Michael Weisner. The claims against these defendants are alleged violations of Plaintiff's Eighth Amendment rights for failure to provide adequate medical treatment for an alleged reaction triggered by Hepatitis C medications prescribed to him, as well as allegations of negligence/medical malpractice.
The magistrate judge thoroughly recited the law applicable to an Eighth Amendment claim and based upon the extensive, uncontroverted medical records and sworn declarations of Defendant Daya, found that Plaintiff filed to state a cause of action under the Eighth Amendment. The magistrate judge further found that the medical malpractice claim failed to comply with Pennsylvania Rule of Civil Procedure 1042.3.
Based on the foregoing, the Report and Recommendation will be adopted and an order will issue.
s/Sylvia H. Rambo
SYLVIA H. RAMBO
United States District Judge Dated: September 6, 2016