Best v. Wexford Health Sources et al, No. 2:2009cv00646 - Document 42 (S.D.W. Va. 2010)
Court Description: MEMORANDUM OPINION AND ORDER ADOPTING the 38 Proposed Findings and Recommendation; granting Betty Hardin's 19 Motion to Dismiss; dismissing the Complaint against defendant Jane Doe; denying Betty Hardin's 19 Motion for a More Definite Statement; granting Dr. David Proctor and Dr. Subhash Gajendragadkar's 21 Motion to Dismiss concerning plaintiff's deliberate indifference claim as it relates to his treatment for his rash, the failure to monitor plaintiff's chronic illnesses, to treat his hepatitis, and to administer preventative vaccinations; denying Dr. Subhash Gajendragadkar's 21 Motion to Dismiss concerning plaintiff's deliberate indifference claim as it relates to plaintiff's treatment fo r HIV, as well as plaintiff's retaliation claim; granting Wexford Health Sources, Inc.'s 21 Motion to Dismiss; granting James Rubenstein, David Ballard and Teresa Waid's 23 Motion to Dismiss; this case shall remain referred to Magi strate Judge Stanley for additional proceedings and submission of proposed findings and recommendation for disposition concerning the remaining claims. Signed by Judge Joseph R. Goodwin on 3/29/2010. (cc: plaintiff; attys; any unrepresented party) (taq)
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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA CHARLESTON DIVISION DANIEL LEE BEST, Plaintiff, v. CIVIL ACTION NO. 2:09-cv-00646 WEXFORD HEALTH SOURCES, et al., Defendants. MEMORANDUM OPINION AND ORDER This case concerns a state prisoner s allegations that the medical treatment he has received in prison violates his constitutional rights. The case was referred to Magistrate Judge Mary E. Stanley pursuant to 28 U.S.C. ยง 636 for proposed findings and a recommendation for disposition. The Magistrate Judge filed her proposed findings and recommendation (PF&R) on February 22, 2010. The plaintiff timely filed objections on March 9, 2010, and several of the defendants have filed responses. The court has reviewed the objections de novo and FINDS they are without merit. Acccordingly, the court ADOPTS the findings and recommendations of the Magistrate Judge. The court GRANTS the Motion to Dismiss filed by Betty Hardin [Docket 19-1], and also dismiss the Complaint against defendant Jane Doe; DENIES the Motion for a More Definite Statement filed by Betty Hardin [Docket 19-2]; GRANTS the Motion to Dismiss filed by Dr. David Proctor and Dr. Subhash Gajendragadkar [Docket 21] concerning Plaintiff s deliberate indifference claim as it relates to his treatment for his rash, the failure to monitor Plaintiff s chronic illnesses, to treat his hepatitis, and to administer preventative vaccinations; DENIES the Motion to Dismiss filed by Dr. Subhash Gajendragadkar [Docket 21] concerning Plaintiff s deliberate indifference claim as it relates to Plaintiff s treatment for HIV, as well as Plaintiff s retaliation claim; GRANTS the Motion to Dismiss filed by Wexford Health Sources, Inc. [Docket 21]; GRANTS the Motion to Dismiss filed by James Rubenstein, David Ballard and Teresa Waid [Docket 23]. This case shall remain referred to Magistrate Judge Stanley for additional proceedings and submission of proposed findings and recommendation for disposition concerning the remaining claims. The court DIRECTS the Clerk to send a copy of this Order to counsel of record and any unrepresented party. ENTER: -2- March 29, 2010
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