GARRETT v. WEXFORD HEALTH et al, No. 3:2014cv00031 - Document 212 (W.D. Pa. 2016)
Court Description: MEMORANDUM OPINION - After de nova review of the pleadings and documents in the case, together with the Report and Recommendation, the Motions to Dismiss, which have been converted into Motions for Summary Judgment, filed by Defendant Khatri and the Medical Defendants will be GRANTED and judgment will be entered in their favor; and the Motion to Dismiss and/or Motion for More Definite Statement filed by the DOC Defendants will be GRANTED. Plaintiff will be given an opportunity to file an amended complaint. An appropriate order will be entered, and as more fully stated in said Memorandum Opinion. Signed by Judge Kim R. Gibson on 9/9/2016. (dlg)
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GARRETT v. WEXFORD HEALTH et al Doc. 212 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA KAREEM GARRETT, ) ) ) ) ) ) ) ) ) Plaintiff, V. WEXFORD HEAL TH, et al., Defendants. Civil Action No. 3: 14-cv-00031 United States District Judge Kim R. Gibson MEMORANDUM OPINION This prisoner civil rights suit was referred to a United States Magistrate Judge for pretrial proceedings in accordance with the Magistrate Judges Act, 28 U.S.C. ยง 636(b)(l), and Rules 72.1.3 and 72.1.4 of the Local Rules of Court for Magistrate Judges. Upon Plaintiffs compliance with the statutory requirements, his motion to proceed in forma pauperis was granted. (ECF No. 15). The operative complaint is the Third Amended Complaint, ECF No. 180, which incorrectly is entitled Second Amended Complaint. Defendant Dr. Khatri and the Medical Defendants each filed a motion to dismiss arguing that Plaintiff had failed to exhaust his administrative remedies. (ECF Nos. 183 and 185). Because Defendant Khatri and the Medical Defendants presented material outside the Third Amended Complaint, the motions to dismiss were converted into motions for summary judgment on the issue of exhaustion only. The DOC Defendants filed a motion to dismiss and/or motion for more definite statement. (ECF No. 181). On July 14, 2016, Magistrate Judge Eddy filed a Report and Recommendation (ECF No. 209) recommending that the motions to dismiss, which had been converted into motions for summary judgment, filed by Defendants Khatri and the Medical Defendants be granted and that 1 Dockets.Justia.com the DOC's motion to dismiss and/or for more definite statement likewise be granted. It was recommended that Plaintiff be allowed one final opportunity to amend his claims against the DOC defendant. The parties were advised that they had fourteen ( 14) days after service of the Report and Recommendation to file objections. To date, no party has filed any objections nor has any party sought an extension of time in which to do so. After de nova review of the pleadings and documents in the case, together with the Report and Recommendation, the Motions to Dismiss, which have been converted into Motions for Summary Judgment, filed by Defendant Khatri and the Medical Defendants will be GRANTED and judgment will be entered in their favor; and the Motion to Dismiss and/or Motion for More Definite Statement filed by the DOC Defendants will be GRANTED. Plaintiff will be given an opportunity to file an amended complaint. An appropriate order will be entered. BY THE COURT: Dated: September 3_, 2016 ~e Kim R. Gibson United States District Judge cc: KAREEM GARRETT 14 E. Albemarle Ave. 1st Floor Lansdowne, PA 19050 (via U.S. First Class Mail) All counsel of record via ECF notification 2
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