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15-153 - JACKSON v. N.O.R.T.A.F./N.O.R.T.U.F et al


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15-153 - JACKSON v. N.O.R.T.A.F./N.O.R.T.U.F et al
January 26, 2018
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REPORT AND RECOMMENDATION (1) The 80 Motion to Dismiss filed on behalf of Corizon Health, Inc. be denied as to Plaintiffs medication access claim, but granted as to Plaintiffs claim arising out of medical care provided to treat injuries sustained in an assault; (2) The 82 Motion to Dismiss filed on behalf of the United States of America, the Department of Justice and the United States Marshals be granted as to Plaintiffs Bivens claims, but denied without prejudice on the basis of exhaustion of administrative remedies; (3) The 84 Motion to Dismiss filed on behalf of UPMC Mercy be granted and UPMC Mercy be terminated from this action with prejudice; and, (4) The 89 Motion to Dismiss filed on behalf of Allegheny County, Rich Fitzgerald, Orlando Harper, Simon Wainwright, Garcia Chavez, and Eugene Judge be granted as to Plaintiffs official capacity, failure to protect and retaliation claims, but denied as to Plaintiffs claims against Allegheny County and Defendants Fitzgerald, Harper and Wainwright, arising out of the alleged denial of medication. Objections to R&R due by 2/9/2018. Objections to R&R for Unregistered ECF Users due by 2/12/2018. Signed by Magistrate Judge Susan Paradise Baxter on 1/26/18. (lrw)
March 21, 2018
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ORDER adopting Report and Recommendations 131. Signed by Judge Barbara Rothstein on 3/21/18. (hr)