Opinion
Civil Action 2:21-174
07-26-2022
JAMES J. DULACY, JR. Plaintiff, v. ALLEGHENY COUNTY JAIL, ORLANDO HARPER, LAURA WILLIAMS, ALLEGHENY COUNTY JAIL MEDICAL, and ALLEGHENY HEALTH NETWORK Defendants.
LENIHAN, MAGISTRATE JUDGE
ECF NOS. 44, 46 & 54
MEMORANDUM ORDER
DAVID STEWART CERCONE, SENIOR UNITED STATES DISTRICT JUDGE
This civil action was commenced on February 4, 2021, when Plaintiff James J. Dulacy, Jr. filed a Motion for Leave to Proceed in Forma Pauperis. ECF No. 1. The motion was denied with instructions as to how to properly file the motion and the case was mark closed. ECF No. 3. On March 16, 2021, Plaintiff filed another Motion for Leave to Proceed in Forma Pauperis. ECF No. 5. On March 26, 2021, the Motion was granted, and the Clerk of Court was directed to reopen the case and file the complaint. ECF No. 6. The Complaint was filed that same day. ECF No. 7. The case was referred to United States Magistrate Judge Lisa Pupo Lenihan for pretrial proceedings in accordance with the Magistrate Judges Act, 28 U.S.C. §636(b)(1), and Local Rules of Court 72.C and 72.D.
The Magistrate Judge's Report and Recommendation (ECF No. 54), filed on April 18, 2022, recommended that the Motion to Dismiss (ECF No. 44) filed by Defendant Allegheny Health Network be granted without prejudice to Plaintiff filing a third amended complaint as described in the Report and Recommendation. The Report and Recommendation further recommended that the Motion to Dismiss (ECF No. 46) filed by Allegheny County Jail, Allegheny County Jail Medical, Orlando Harper and Laura Williams be granted with prejudice as to Defendants Allegheny County Jail and Allegheny County Jail Medical, and that the Motion be granted without prejudice to filing a third amended complaint as to the Individual Defendants Orlando Harper and Laura Williams as described in the Report and Recommendation.
The parties were informed that in accordance with the Magistrate Judges Act, 28 U.S.C. § 636(b)(1)(B) and (C), and Rule 72.D.2 of the Local Rules of Court, that they had fourteen (14) days to file any objections, and that unregistered ECF users were given an additional three (3) days pursuant to Federal Rule of Civil Procedure 6(d). Objections for registered ECF users were due by May 2, 2022. Objections for unregistered ECF Users were due by May 5, 2022. ECF No. 54. No objections have been filed.
After review of the pleadings, documents in the case and the Report and Recommendation, the following Order is entered:
AND NOW, this 26th day of July 2022, IT IS HEREBY ORDERED that the Motion to Dismiss (ECF No. 44) filed by Defendant Allegheny Health Network IS GRANTED WITHOUT PREJUDICE to Plaintiff filing a third amended complaint as described in the Report and Recommendation.
IT IS FURTHER ORDERED that the Motion to Dismiss (ECF No. 46) filed by Allegheny County Jail, Allegheny County Jail Medical, Orlando Harper and Laura Williams IS GRANTED WITH PREJUDICE as to Defendants Allegheny County Jail and Allegheny County Jail Medical. The Clerk of Court is directed to terminate these Defendants from the docket.
IT IS FURTHER ORDERED that the Motion to Dismiss (ECF No. 46) filed by Allegheny County Jail, Allegheny County Jail Medical, Orlando Harper and Laura Williams IS GRANTED WITHOUT PREJUDICE to filing a third amended complaint as to the Individual Defendants Orlando Harper and Laura Williams.
IT IS FURTHER ORDERED that the Report and Recommendation (ECF No. 54) of Magistrate Judge Lenihan dated April 18, 2022, is adopted as the Opinion of the Court.
JAMES J. DULACY, JR.
Renewal #2 704 Second Avenue
Pittsburgh, PA 15219