Opinion
Civil Action 21-1514
03-27-2023
JUSTIN SCHEER, Plaintiff, v. ALLEGHENY COUNTY, et. al., Defendants.
Lisa Pupo Lenihan Magistrate Judge.
MEMORANDUM ORDER
Cathy Bissoon United States District Judge.
This case has been referred to United States Magistrate Judge Lisa Pupo Lenihan for pretrial proceedings in accordance with the Magistrates Act, 28 U.S.C. §§ 636(b)(1)(A) and (B), and Local Rule of Civil Procedure 72.
On February 2, 2023, the Magistrate Judge issued a Report (Doc. 49) recommending that Corrections Defendants' Motion to Dismiss (Doc. 34) be granted in part and denied in part, that Defendant Allegheny Health Network's Motion to Dismiss (Doc. 39) be granted, with leave to amend to add individual staff members of Allegheny Health Network only, and that Plaintiff's Conspiracy Claim against Defendants Drever and Global Tel Link be dismissed under 28 U.S.C. § 1915A(b)(1). Service of the Report and Recommendation (“R&R”) was made on the parties. Defendants Williams, Del Prete, Froelich and Claar have filed Objections (Doc. 50) and Plaintiff has filed a Response. (Doc. 51.)
After a de novo review of the pleadings and documents in the case, together with the R&R, the Objections and the Response thereto, the following Order is entered:
Defendants' Objections (Doc. 50) are OVERRULED, Corrections Defendants' Motion to Dismiss (Doc. 34) is GRANTED IN PART AND DENIED IN PART, Defendant Allegheny Health Network's Motion to Dismiss (Doc. 39) is GRANTED, Plaintiff's Conspiracy Claim against Defendants Drever, Global Tel Link and others unknown is DISMISSED under 28 U.S.C. § 1915A(b)(1) and the R&R (Doc. 49) is adopted as the Opinion of the District Court. Accordingly, Defendants Allegheny County, Orlando Harper, Allegheny Health Network, Captain Wiseman, Correctional Officer Gatz, Sergeant Lee, Correctional Officer Drever, Global Tel Link and others unknown are DISMISSED from this lawsuit. Plaintiff may file a second amended complaint, no later than April 3, 2023, to add individual staff members of Allegheny Health Network only.
IT IS SO ORDERED.