Summary
holding that it was "reasonable for a [single-inmate plaintiff] to conclude that the actions he complain[ed] of were undertaken pursuant to some policy, procedure, or custom of at least one of the entities that controlled and implemented medical treatment at the prison"
Summary of this case from Kenney v. Montgomery Cnty.Opinion
CIVIL ACTION NO: 11-2603
06-11-2013
ROGER ALLEN JOHNSON, Plaintiff, v. EMILIA CAPUTO, et al, Defendants.
ORDER
AND NOW, this 11th day of June, 2013, upon careful and independent consideration of Defendants' Answer to Second Amended Complaint, and after a careful review of the thorough and well-reasoned Report and Recommendation of United States Magistrate Judge Linda K. Caracappa (Document No. 50), it is hereby ORDERED that:
1. The Report and Recommendation (Doc. No. 50) is APPROVED and ADOPTED;
2. Plaintiff's Second Amended Complaint is DISMISSED IN PART, as follows:
a. Count I shall remain against Defendants Caputo, Wilson, Gessner and PrimeCare Medical, Inc.;
b. Count II shall remain against Defendants Caputo, Wilson, and Gessner;
c. Count III shall remain against Defendant Rosati;
d. Count IV shall be dismissed against all Defendants;
e. Count V shall remain against Defendant PrimeCare Medical, Inc.;
f. Count VI shall be dismissed against all Defendants;
g. Count VII shall be dismissed against all Defendants; and
h. Count VIII shall remain against Defendants Caputo, Wilson, Gessner and PrimeCare Medical, Inc.
No objections to the report and recommendation have been filed. --------
BY THE COURT:
/s/LAWRENCE F. STENGEL
LAWRENCE F. STENGEL, J.