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16-284 - WINN v. McQUILAN


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16-284 - WINN v. McQUILAN
July 25, 2017
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REPORT AND RECOMMENDATION re 50 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by the DOC Defendants; MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by DR. CHUN, 73, and MOTION to Dismiss filed by CORRECT CARE SOLUTIONS 54. It is respectfully submitted that the motions be granted and that the Court decline to exercise supplemental jurisdiction over any intended state law negligence claims against Supt. Bush in his individual capacity. It is further recommended that Plaintiff be given one last opportunity to amend to attempt to state a claim pursuant to section 1983 against Correct Care Solutions. Defendants' objections, if any, to R&R due by 8/8/2017; Plaintiff's Objections, if any, to R&R due by 8/11/2017. Signed by Magistrate Judge Cynthia Reed Eddy on 7/25/2017. (bsc)
August 25, 2017
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MEMORANDUM ORDER. Defendants SCI-Pine Grove and Supt. Bush's Motion to Dismiss (Doc. 50) is GRANTED with prejudice as to the § 1983 claim, with prejudice as to any intended claim for negligence against SCI-Pine Grove and Supt. Bush in his official capacity, and the Court declines to exercise supplemental jurisdiction over any intended negligence claim against Supt. Bush in his individual capacity; Defendant Dr. Chun's Motion to Dismiss (Doc. 73) is GRANTED, with prejudice; Defendant Correct Care Solutions's Motion to Dismiss (Doc. 54) is GRANTED, without prejudice to Plaintiff's filing a third amended complaint to state a claim under § 1983 for violation of his Eighth Amendment rights; if Plaintiff wishes to file a third amended complaint, as described in the Magistrate Judge's Report, his deadline for doing so is 9/25/17; should Plaintiff file an amended pleading, he must do so consistent with the detailed instructions in the Report; if Plaintiff does not timely file an amended pleading, as described, this lawsuit will proceed only on those claims against Dr. McQuilan, as stated in the Second Amended Complaint; and the Magistrate Judge's Report and Recommendation (Doc. 81) is adopted as the Opinion of the District Court. Finally, Plaintiff's Motion for extension of time to file a third amended complaint (Doc. 84) is DENIED (his deadline for amendment remains 9/25/17). Also, Plaintiff's conditional request that his address-of-record be updated by the Court, should he be paroled at some unspecified time in the future, will be given no effect. It is incumbent on Plaintiff to keep his address-of-record current, and if it changes, he must file with the Clerk a notice of change of address. Signed by Judge Cathy Bissoon on 8/25/17. (dcd) Staff note: a copy of this filing was sent today, via First-Class U.S. Mail, to Plaintiff's address of record.
May 2, 2018
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First-Class U.S. Mail, to Plaintiff's address of record.ORDER DISMISSING CASE. This case is dismissed, with prejudice, for failure to prosecute and for Plaintiff's non-compliance with Court Orders. Signed by Judge Cathy Bissoon on 5/2/18. (dcd) Staff note: a copy of this filing was sent today, via