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16-253 - JERRY-EL v. WETZEL et al


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16-253 - JERRY-EL v. WETZEL et al
April 6, 2018
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MEMORANDUM ORDER - it is ORDERED that Doctor Tretter's motion to dismiss, ECF No. 19, Doctor Salmeh and Doctor DeFelice's motion to dismiss, ECF No. 38, and the Pennsylvania Department of Corrections defendants' motion to dismiss, ECF No. 36, are granted. The Report and Recommendation is adopted in part as the opinion of the Court insofar as it recommends dismissal without leave to amend the complaint against Doctor Tretter, Doctor Salameh, and Doctor Defelice, and dismissal without leave to amend any claim under the Americans with Disabilities Act. However, the first two sentences of the paragraph beginning on the bottom of page 11 of the Report and Recommendation ("Allowing repeat amended complaints... ") are not adopted by the Court. Furthermore, the Report and Recommendation is rejected as to its recommendation as to leave to amend the Eighth Amendment claims against the Pennsylvania Department of Corrections defendants. Leave to amend as to those defendants is granted because it does not appear that amendment would be futile. An amended complaint shall be filed on or before May 31, 2018, and as more fully stated in said Memorandum Order. Signed by Judge Kim R. Gibson on 4/6/2018. (dlg)