Opinion
2:21cv1053
10-20-2023
ANDY BUXTON, Plaintiff, v. JOHN WETZEL, M. ADAMS, KAREN FEATHER, ADAM MAGOON AND JANE DOE, Defendants.
Andy Buxton, Pro Se Yana L. Warshafsky, Esquire
Andy Buxton, Pro Se
Yana L. Warshafsky, Esquire
MEMORANDUM ORDER
David Stewart Cercone Senior United States District Judge
Plaintiff, Andy Buxton (“Buxton” or “Plaintiff') commenced this civil action on August 9, 2021, while he was still an inmate at SCI Mercer, against Defendants, John Wetzel, (“Wetzel”) the former Secretary of the Department of Corrections (“DOC”); Melinda Adams (“Adams”) SCI Mercer's Superintendent; Karen Feather (“Feather”); and Jane Doe (collectively “Defendants”). Plaintiff alleges that Defendants, as a group, violated his constitutional rights by exposing him to Covid from August 2020 through January 2021 because they “failed to comply and enforce Covid, CDC, DOC, SCI Mercer, and enhance[d] quarantine precautions” on his housing unit. The case was referred to Magistrate Judge Cynthia Reed Eddy for pretrial proceedings in accordance with the Magistrate Judges Act, 28 U.S.C. § 636(b)(1), and Rules 72.C and 72.D of the Local Rules of Court for Magistrate Judges. The case was reassigned to Magistrate Judge Patricia L. Dodge on December 20, 2021.
On August 15, 2023, Magistrate Judge Dodge filed a Report and Recommendation (ECF No. 93) in which it was recommended that the Court dismiss the unidentified and unserved Jane Doe defendant without prejudice because plaintiff failed to identify and serve her with the Amended Complaint in accordance with the Fourth Case Management Order and Rule 4(m) of the Federal rules of Civil procedure.
Pursuant to the Magistrate Judges Act, 28 U.S.C. § 636(b)(1)(B) and (C), and Rule 72.D.2 of the Local Civil Rules, the parties were permitted to file objections to the Report and Recommendation on or before August 29, 2023. Neither party filed objections.
After a comprehensive review of the pleadings and documents in the case, together with the Report and Recommendation, the following Order is entered:
AND NOW, this 20th day of October, 2023, IT IS ORDERED that all claims against defendant Jane Doe be, and the same hereby are, dismissed without prejudice. The Report and Recommendation (ECF No. 93) dated August 15, 2023, is adopted as the Opinion of the Court.
Patricia L. Dodge, Magistrate Judge