MICHAEL A. TELESCA, District Judge.
Proceeding
On July 15, 2016, the Court issued a screening Order in which it granted Plaintiff's motion for poor person status, and dismissed Plaintiff's claim against Dr. Peter Braselman, unless Plaintiff amended his Complaint to include the necessary allegations of personal involvement.
Plaintiff subsequently filed a "Motion for Reconsideration of the Order Granting
Plaintiff argues that, contrary to the Court's Order (Dkt #3), he has sufficiently alleged defendant Dr. Peter Braselmann's personal involvement under a theory of supervisory liability, and does not need to amend his Complaint. Plaintiff accuses Dr. Braselmann of having actual or constructive notice of unconstitutional procedures being implemented or of unconstitutional acts occurring, but failed to take corrective action. Specifically, Plaintiff states that on April 16, 2015, Nurse Zebra Cocconi-Crozier interrupted his appointment with Dr. Braselmann, stating that Plaintiff had been in his appointment long enough and needed to leave, whereupon a correction officer entered the examination room and told Plaintiff, "Let's go. Your time is up."
The Court has assumed that Nurse Cocconi-Crozier's premature interruption of his appointment with Dr. Braselmann is the purported constitutional violation that Dr. Braselmann should not have allowed to occur. However, these allegations do not imply, much less overtly state, a constitutional violation. Nor do they implicate Dr. Braselmann in any constitutional wrongdoing by any other defendant. In short, they do not raise a plausible claim that Dr. Braselmann is liable in a supervisory capacity, or has any personal involvement in the constitutional violations alleged elsewhere in the Complaint. Plaintiff's Motion for Reconsideration (Dkt #4) is denied. The claims against Dr. Braselman are dismissed with prejudice, and he will be terminated as a defendant to this action.
For the foregoing reasons, Plaintiff's Motion for Reconsideration (Dkt #4) is denied. The claims in the Complaint against Dr. Peter Braselman are dismissed with prejudice. The Clerk of the Court is directed to terminate Dr. Peter Braselman as a defendant to this action, and to terminate any pending deadlines as to him.