Bilby v. Lacey, 3:15-CV-00011. (2016)
Court: District Court, M.D. Pennsylvania
Number: infdco20160314656
Visitors: 4
Filed: Mar. 04, 2016
Latest Update: Mar. 04, 2016
Summary: ORDER A. RICHARD CAPUTO , District Judge . NOW, this 4 th day of March, 2016, upon review of the Report and Recommendation of Magistrate Judge Mehalchick (Doc. 18) for plain error or manifest injustice, IT IS HEREBY ORDERED that: (1) The Report and Recommendation (Doc. 18) is ADOPTED in its entirety. (2) Defendants' Motion to Dismiss Plaintiff's Complaint (Doc. 15) is GRANTED. (3) Plaintiff's claim for punitive damages against Defendants in their official capacities is DISM
Summary: ORDER A. RICHARD CAPUTO , District Judge . NOW, this 4 th day of March, 2016, upon review of the Report and Recommendation of Magistrate Judge Mehalchick (Doc. 18) for plain error or manifest injustice, IT IS HEREBY ORDERED that: (1) The Report and Recommendation (Doc. 18) is ADOPTED in its entirety. (2) Defendants' Motion to Dismiss Plaintiff's Complaint (Doc. 15) is GRANTED. (3) Plaintiff's claim for punitive damages against Defendants in their official capacities is DISMI..
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ORDER
A. RICHARD CAPUTO, District Judge.
NOW, this 4th day of March, 2016, upon review of the Report and Recommendation of Magistrate Judge Mehalchick (Doc. 18) for plain error or manifest injustice, IT IS HEREBY ORDERED that:
(1) The Report and Recommendation (Doc. 18) is ADOPTED in its entirety.
(2) Defendants' Motion to Dismiss Plaintiff's Complaint (Doc. 15) is GRANTED.
(3) Plaintiff's claim for punitive damages against Defendants in their official capacities is DISMISSED sua sponte.
(4) Plaintiff will be given thirty (30) days leave to amend his Complaint to identify the remaining John Doe Defendants and to assert a cognizable Eighth Amendment deliberate indifference claim against certain Defendants arising out of the failure to provide medical treatment for his seizure; and
(3) The matter is RECOMMITTED to Magistrate Judge Mehalchick for further proceedings.
Source: Leagle