Opinion
CIVIL 3:21-cv-2167
12-06-2022
GARY WALKER, Plaintiff v. CHCA MERRITT-SCULLY, et al., Defendants
ORDER
Robert D. Mariani United States District Judge
AND NOW, this 6th day of December, 2022, upon consideration of the motion (Doc. 14) to dismiss by Defendant Diamond Pharmacy, and for the reasons set forth in the accompanying Memorandum, IT IS HEREBY ORDERED THAT:
1. The motion (Doc. 14) is GRANTED in part and DENIED in part.
2. Defendant Diamond Pharmacy's motion to dismiss the Eighth Amendment claim is GRANTED.
3. Defendant Diamond Pharmacy's motion to dismiss Plaintiffs medical malpractice claim for failure to file a certificate of merit is DENIED without prejudice to refiling upon compliance with Pa. R. CIV. P. 1042.6.
4. Any appeal from this Order is DEEMED frivolous and not taken in good faith. See 28 U.S.C. § 1915(a)(3).