Opinion
Civil 2:20-cv-02542-JMG
05-25-2023
CURTIS PERRY, Plaintiff, v. WELL-PATH, et al., Defendants.
ORDER
JOHN M. GALLAGHER UNITED STATES DISTRICT COURT JUDGE
AND NOW, this 24th day of May, 2023, upon consideration of Pro Se Plaintiff Perry's Second Motion for an Extension of Time to File a Reply to Defendants' Motion to Dismiss (ECF No. 46); Perry's Motion for Leave to File a Fourth Amended Complaint (ECF No. 49); the Commonwealth Defendants' Motion to Dismiss (ECF No. 38); the Medical Defendants' Motion for Entry of Judgment of Non Pros (ECF No. 54); and the Medical Defendants' Motion to Dismiss, (ECF No. 48), any responses, replies, exhibits, and appendices thereto, and for the reasons provided in the accompanying Memorandum Opinion, IT IS HEREBY ORDERED that Perry's Motion for Leave to File a Fourth Amended Complaint (ECF No. 49), is DENIED.
IT IS FURTHER ORDERED that Perry's Second Motion for an Extension of Time to File a Reply to Defendants' Motion to Dismiss (ECF No. 46) is DENIED AS MOOT.
IT IS FURTHER ORDERED that Defendants Deputy Superintendent Mandy Sipple; Correctional Health Care Administrator Brittany Huner; Director of Bureau of Pennsylvania Department of Corrections (DOC) Health Care Services Joseph J. Silva; and the Pennsylvania DOC (collectively, the “Commonwealth Defendants”)'s Motion to Dismiss (ECF No. 38) is GRANTED. Perry's claims against the Commonwealth Defendants are HEREBY DISMISSED WITH PREJUDICE.
IT IS FURTHER ORDERED that the Medical Defendants' Motion to Enter Judgment of Non Pros (ECF No. 54) is DENIED.
IT IS FURTHER ORDERED that Defendants CCS and Dr. Wiener's Estate's Motion to
Dismiss (ECF No. 48) is GRANTED. Perry's claims against CCS are HEREBY DISMISSED WITH PREJUDICE, and Perry's claims against Dr. Wiener's Estate are DISMISSED WITHOUT PREJUDICE.