Opinion
Civil Action 20-2978
03-31-2022
HARVEY MIGUEL ROBINSON, JR., Plaintiff, v. PENNSYLVANIA DEPARTMENT OF CORRECTIONS, et al., Defendants.
ORDER
CYNTHIA M. RUFE, J.
AND NOW, this 31st day of March 2022, upon consideration of the Medical Defendants' Motion to Dismiss [Doc. No. 24], the Pennsylvania Department of Corrections' Motion to Dismiss [Doc. No. 25], and the related briefing, it is hereby ORDERED that:
1. The Medical Defendants' Motion to Dismiss [Doc. No. 24] is GRANTED in part and DENIED in part, as follows:
a. Plaintiff's § 1983 claims against Defendants Wiener and Walsh are DISMISSED without prejudice.
b. Plaintiff's ADA and Rehabilitation Act claims against all individual defendants are DISMISSED with prejudice.
c. To the extent Plaintiff alleged a professional negligence claim, that claim is DISMISSED without prejudice.
d. The Motion is DENIED with respect to all other claims.
2. The Pennsylvania Department of Corrections' Motion to Dismiss [Doc. No. 25] is DENIED.
3. If he wishes to do so, Robinson may file an amended complaint no later than May 2, 2022. Any amended complaint must identify all defendants in the caption of the amended complaint in addition to identifying them in the body of the amended complaint and shall state the basis for Robinson's claims against each defendant. The amended complaint shall be a complete document that does not rely on the Complaint or other papers filed in this case to state a claim. When drafting his amended complaint, Robinson should be mindful of the Court's reasons for dismissing claims from his Complaint as explained in the Court's Memorandum.
4. The Clerk of Court is DIRECTED to send Robinson a blank copy of the Court's form complaint for a prisoner filing a civil rights action bearing the above civil action number. Robinson may use this form to file his amended complaint if he chooses to do so.
This form is available on the Court's website at http://www.paed.uscourts.gov/documents/forms/frmc1983f.pdf.
5. If Plaintiff does not timely file an amended complaint, Defendants are DIRECTED to answer the Complaint on or before May 16, 2022.
It is so ORDERED.