Santiago-Espinosa v. Wellpath Med.

Full title: PEDRO SANTIAGO-ESPINOSA v. WELLPATH MEDICAL, CORRECT CARE SOLUTIONS, P.A…

Court: United States District Court, E.D. Pennsylvania

Date published: Aug 22, 2022

Civil Action 22-2677 (E.D. Pa. Aug. 22, 2022)

Opinion

Civil Action 22-2677

08-22-2022

PEDRO SANTIAGO-ESPINOSA v. WELLPATH MEDICAL, CORRECT CARE SOLUTIONS, P.A. JOE WALSH, DEPARTMENT OF CORRECTIONS

KEARNEY, J.

ORDER

KEARNEY, J.

AND NOW, this 22^nd day of August 2022, upon further review of our July 26, 2022 Order (ECF Doc. No. 8) and accompanying Memorandum (ECF Doc. No. 7) consistent with our obligations to screen an incarcerated person's Complaint, and for reasons in the accompanying Memorandum clarifying which dismissed pro se claims may be amended, it is ORDERED:

1. We VACATE our July 26, 2022 Memorandum and Order (ECF Doc. Nos. 7, 8);

2. Plaintiff's claims against the Department of Corrections and for damages under the Pennsylvania Constitution are DISMISSED with prejudice;

3. We DISMISS the Department of Corrections as immune from these claims;

4. Plaintiff's remaining claims against Wellpath Medical, Correct Care Solutions, and P.A. Joe Walsh are DISMISSED without prejudice for Plaintiff to file an amended Complaint on or before September 27, 2022 if he can plead the personal involvement of P.A. Joe Walsh or a policy or custom of the medical entities consistent with the accompanying Memorandum; and,

5. The Clerk of Court shall not issue summons until further Order.