Opinion
Civil Action 22-2677
07-26-2022
ORDER
Kearney, J.
AND NOW, this 26th day of July 2022, consistent with our obligations to screen an incarcerated person's Complaint under 28 U.S.C. § 1915A after having permitted the incarcerated person to proceed without paying the filing fees (ECF Doc. No. 5), and for reasons in the accompanying Memorandum, it is ORDERED:
1. Plaintiff's claims for damages under the Pennsylvania Constitution are DISMISSED with prejudice;
2. Plaintiff's remaining claims against all Defendants are DISMISSED without prejudice for him to file an amended Complaint on or before August 31, 2022 if he can plead the personal involvement of the physician's assistant or a policy and custom of supervising entities consistent with the accompanying Memorandum and claim more than mere medical negligence; and, 3. The Clerk of Court shall not issue summons until further Order.