Opinion
9:20-cv-1192 (GLS/ATB)
07-13-2021
MARK JAMES BROWN, SR., Plaintiff, v. KORY KEEFER et al., Defendants.
Mark James Brown, Sr. Pro Se FOR THE PLAINTIFF Kory Keefer FOR THE DEFENDANTS PAUL V. MULLIN, ESQ., ANDREW JOSEPH KOWALEWSKI ESQ. OF COUNSEL
Mark James Brown, Sr. Pro Se FOR THE PLAINTIFF
Kory Keefer FOR THE DEFENDANTS
PAUL V. MULLIN, ESQ., ANDREW JOSEPH KOWALEWSKI ESQ. OF COUNSEL
ORDER
Gary L. Sharpe Senior District Judge
The above-captioned matter comes to this court following a Report Recommendation and Order (R&R) by Magistrate Judge Andrew T. Baxter, duly filed June 11, 2021. (Dkt. No. 27.) Following fourteen days from the service thereof, the Clerk has sent the file, including any and all objections filed by the parties herein.
No objections having been filed, and the court having reviewed the R&R for clear error, it is hereby
ORDERED that the Report-Recommendation and Order (Dkt. No. 27) is ADOPTED in its entirety; and it is further
ORDERED that plaintiff's Fourteenth Amendment deliberate medical indifference claim against defendant Guilfoyle Ambulance Service, Inc. is sua sponte DISMISSED WITHOUT PREJUDICE; and it is further
ORDERED that Guilfoyle's motion to dismiss (Dkt. No. 13) is GRANTED and plaintiff's medical malpractice claim is DISMISSED WITHOUT PREJUDICE; and it is further
ORDERED that plaintiff may file an amended complaint within thirty (30) days of this Order. Plaintiff may amend or supplement only to the specific claims identified in the R&R. The amended complaint will supercede the original complaint and replace it in its entirety. Therefore, the amended complaint must be a complete and wholly-integrated pleading that includes only the claims that remain in this action. Plaintiff should not include any of the dismissed claims in the amended complaint; and it is further
ORDERED that, if plaintiff fails to file an amended complaint in the time permitted, the clerk shall terminate Guilfoyle from this action; and it is further
ORDERED that the Clerk provide a copy of this Order to the parties in accordance with the Local Rules of Practice.
IT IS SO ORDERED.