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17-020 - HOYE v. ALLEGHENY COUNTY MEDICAL STAFF DEPT. et al


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17-020 - HOYE v. ALLEGHENY COUNTY MEDICAL STAFF DEPT. et al
February 28, 2018
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REPORT AND RECOMMENDATION re 44 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by ALLEGHENY COUNTY MEDICAL STAFF DEPT., and 46 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by ORLANDO HARPER and LATOYA WARREN. It is respectfully recommended that the pending motions to dismiss be granted and this case be dismissed with prejudice. It is further recommended that leave to amend be denied as futile. Because it is recommended that Plaintiff's claims be dismissed for failure to state a claim, it is further recommended that Plaintiff's motion for preliminary injunction 74, 92 be denied. Defendants' written objections, if any, to R&R due by 3/15/2018. Plaintiff's written objections to R&R due by 3/19/2018. Signed by Magistrate Judge Cynthia Reed Eddy on 2/28/2018. (bsc)
March 28, 2018
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MEMORANDUM OPINION (details more fully stated in said Opinion); An appropriate Order follows. Signed by Judge Nora Barry Fischer on 3/28/18. (jg)
March 28, 2018
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ORDER indicating that that, for the reasons set forth in the accompanying Memorandum Opinion 124, it is hereby ordered as follows: Plaintiff's Objections (Docket Nos. 113, 117, and 122) are overruled; that the Motion to Dismiss filed by Defendant Allegheny County Medical Staff Dept. through Corizon 44 is granted; that the Motion to Dismiss filed by Defendants Deputy Latoya Warren and Warden Orlando Harper 46 is granted; that Plaintiff's motion for injunctive relief 74 is denied. For the same reasons, Docket No. 103 is denied; that Plaintiff's "Motion Too Implemize Constitutional Claim" 123 is denied; that the Report and Recommendation 105 is adopted as the Opinion of the Court; that, pursuant to the authority granted courts by 28 U.S.C. ยง 1915A(b)(1), Defendant Western Psychiatric Hospital be dismissed sua sponte for failure to state a claim upon which relief can be granted; that the Clerk of Court shall mark this case as closed; that pursuant to Rule 4(a)(1) of the Federal Rules of Appellate Procedure, if any party wishing to appeal from this Order must file a notice of appeal as provided in Federal Rule of Appellate Procedure 3, must be filed with the Clerk of Court, United States District Court, at 700 Grant Street, Room 3110, Pittsburgh, PA 15219, within (30) days. Signed by Judge Nora Barry Fischer on 3/28/18. (jg)