Pierre v. C.O. Richards

Full title: MACARTON N. PIERRE, Plaintiff, v. C.O. RICHARDS, et al., Defendants.

Court: United States District Court, Middle District of Pennsylvania

Date published: Oct 15, 2024

4:23-CV-02044 (M.D. Pa. Oct. 15, 2024)

Opinion

4:23-CV-02044

10-15-2024

MACARTON N. PIERRE, Plaintiff, v. C.O. RICHARDS, et al., Defendants.

MATTHEW W. BRANN, CHIEF UNITED STATES DISTRICT JUDGE

ORDER

MATTHEW W. BRANN, CHIEF UNITED STATES DISTRICT JUDGE

AND NOW, this 15^th day of October 2024, in accordance with the accompanying Memorandum, IT IS HEREBY ORDERED that:

1. Defendant Elizabeth Anselm's motion to dismiss (Doc. 28) pursuant to Federal Rule of Civil Procedure 12(b)(6) is DENIED.

2. Anselm's motion to dismiss asserting the affirmative defense of failure to exhaust administrative remedies is converted to a motion for summary judgment under Federal Rule of Civil Procedure 56.

3. Anselm's Rule 56 motion is GRANTED as to Plaintiff's Section 1983 Fourteenth Amendment medical indifference claim against her.

4. Entry of judgment in accordance with paragraph 3 above shall be deferred pending resolution of Plaintiff's remaining Section 1983 claims against defendant C.O. Richards.

5. Anselm's motion (Doc. 47) to conduct a joint deposition of Plaintiff is DISMISSED as moot in light of the foregoing paragraphs.