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17-1014 - PROBST v. SCI GREENE MEDICAL DEPT et al


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17-1014 - PROBST v. SCI GREENE MEDICAL DEPT et al
February 23, 2018
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REPORT AND RECOMMENDATION re 14 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by SCI GREENE MEDICAL DEPT, and 16 MOTION to Dismiss re 5 Complaint, filed by JYN. It is respectfully recommended that the motions to dismiss be granted and this case be dismissed with prejudice. It is further recommended that leave to amend be denied as futile. Defendants written objections, if any, are due by 3/9/2018. Plaintiff's written objections, if any, are due by 3/12/2018. Signed by Magistrate Judge Cynthia Reed Eddy on 2/23/2018. (bsc)
April 30, 2018
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OPINION directing that defendant SCI Greene Medical Department motion to dismiss will be granted and defendant Jyn motion to dismiss will be converted into a motion for summary judgment and granted. Further directing that the Court will decline to exercise supplemental jurisdiction over state law claims. Plaintiff's objections to Report and Recommendation are overruled. Appropriate order to follow. Signed by Judge David S. Cercone on 4/27/18. (njt)
April 30, 2018
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ORDER granting 14 Motion to Dismiss filed by SCI-Greene Medical Department; converting 16 Motion to Dismiss filed by Doctor Jin to a motion for summary judgment and thereafter granting; and further adopting 29 Report and Recommendation of Magistrate Judge Eddy as the opinion of the Court. Final judgment to be entered. The Clerk shall mark this case CLOSED. Signed by Judge David S. Cercone on 4/27/18. (njt)