Filed: Sep. 18, 2015
Latest Update: Sep. 18, 2015
Summary: ORDER ROBERT D. MARIANI , District Judge . AND NOW, this 18 th day of September, 2015, upon consideration of Defendants' motions (Docs. 11, 21, 23) to dismiss, and for the reasons set forth in the Court's Memorandum of the same date, IT IS HEREBY ORDERED THAT: 1. Defendant PrimeCare Medical, Inc.'s motion (Doc. 11) to dismiss Plaintiff's original complaint is DENIED as moot. 2. Defendant PrimeCare Medical, Inc.'s motion (Doc. 21) to dismiss Plaintiff's amended complaint is GRAN
Summary: ORDER ROBERT D. MARIANI , District Judge . AND NOW, this 18 th day of September, 2015, upon consideration of Defendants' motions (Docs. 11, 21, 23) to dismiss, and for the reasons set forth in the Court's Memorandum of the same date, IT IS HEREBY ORDERED THAT: 1. Defendant PrimeCare Medical, Inc.'s motion (Doc. 11) to dismiss Plaintiff's original complaint is DENIED as moot. 2. Defendant PrimeCare Medical, Inc.'s motion (Doc. 21) to dismiss Plaintiff's amended complaint is GRANT..
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ORDER
ROBERT D. MARIANI, District Judge.
AND NOW, this 18th day of September, 2015, upon consideration of Defendants' motions (Docs. 11, 21, 23) to dismiss, and for the reasons set forth in the Court's Memorandum of the same date, IT IS HEREBY ORDERED THAT:
1. Defendant PrimeCare Medical, Inc.'s motion (Doc. 11) to dismiss Plaintiff's original complaint is DENIED as moot.
2. Defendant PrimeCare Medical, Inc.'s motion (Doc. 21) to dismiss Plaintiff's amended complaint is GRANTED. The action against PrimeCare Medical, Inc. is DISMISSED with prejudice.
3. The motion (Doc. 23) to dismiss filed by Defendants Dauphin County Prison and Warden Dominick DeRose is GRANTED as follows:
a. Dauphin County Prison is DISMISSED with prejudice as a party to this action.
b. Plaintiffs claims against Warden Dominick DeRose are DISMISSED with prejudice.
4. The Clerk of Court is directed to CLOSE this action.
5. Any appeal from this Order is DEEMED frivolous and not in good faith. See 28 U.S.C. § 1915(a)(3).
