IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA
May 18, 2007
RICHARD YOUNG, PLAINTIFF,
JEFFREY BEARD, SECRETARY OF CORRECTIONS (INDIVIDUAL CAPACITY); JOHN S. SHAFFER, EXECUTIVE DEPUTY SECRETARY (INDIVIDUAL CAPACITY); WILLIAM S. STICKMAN, DEPUTY SECRETARY; RAYMOND J. SOBINA, SUPERVISORY SUPERINTEDENT/WE STERN REGION; ALAN B. FOGEL, BUREAU OF HEALTH CARE & FOOD SERVICES DIRECTOR; HARRY E. WILSON, SUPERINTENDENT AT S.C.I. FAYETTE; ROBERT TRETINIK, CORRECTIONS HEALTH CARE ADMINISTRATOR AT S.C.I. FAYETTE; MICHAEL SCRIBNER, FOOD SERVICES MANAGE II AT S.C.I. FAYETTE; TOM MORAN, FOOD SERVICES SUPERVISOR AT S.C.I. FAYETTE; DAVID SWEITZER, FOOD SERVICES SUPERVISOR AT S.C.I. FAYETTE; MICHAEL HERBIK, D.O. AT S.C.I. FAYETTE; ADAM EBELMAN, STATE MEDICAL DIRECTOR FOR S.C.I. FAYETTE; PRISON HEALTH SERVICES INC. FOR S.C.I. FAYETTE, DEFENDANTS.
The opinion of the court was delivered by: Judge Joy Flowers Conti
Magistrate Judge Amy Reynolds Hay
AND NOW, this 18th day of May, 2007, after the plaintiff, Richard Young, filed an action in the above-captioned case, and after defendants Dr. Adam Ebelman, Dr. Michael Herbik, and Prison Health Services, Inc., filed a motion to dismiss, and after a Report and Recommendation was filed by the United States Magistrate Judge granting the parties ten days after being served with a copy to file written objections thereto, and no objections having been filed, and upon independent review of the motion and the record, and upon consideration of the Magistrate Judge's Report and Recommendation, which is adopted as the opinion of this Court,
IT IS HEREBY ORDERED that the motion to dismiss filed by defendants Dr. Adam Ebelman, Dr. Michael Herbik, and Prison Health Services, Inc. [Dkt. No. 23] is granted as to plaintiff's procedural due process claims and denied in all other respects.
IT IS FURTHER ORDERED that, pursuant to the Prison Litigation Reform Act, plaintiff's claim that his food is prepared and cooked by prisoners thereby violating the Eighth Amendment is dismissed for failure to state a claim.
JOY FLOWERS CONTI United States District Judge
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