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Young v. Beard

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA


April 2, 2008

RICHARD YOUNG, PLAINTIFF,
v.
JEFFREY BEARD, SECRETARY OF CORRECTIONS; JOHN S. SHAFFER, EXECUTIVE DEPUTY SECRETARY; WILLIAM STICKMAN, DEPUTY SECRETARY; RAYMOND SOBINA, SUPERVISORY SUPERINTENDENT WESTERN REGION; ALAN B. FOGEL, BUREAU OF HAY HEALTH CARE & FOOD SERVICES DIRECTOR; HARRY WILSON, SUPERINTENDENT AT S.C.I. FAYETTE; ROBERT TRETINIK, CORRECTIONS HEALTH CARE ADMINISTRATOR AT S.C.I. FAYETTE; MICHAEL SCRIBNER, FOOD SERVICES MANAGER II AT S.C.I. FAYETTE; TOM MORAN, FOOD SERVICES SUPERVISOR AT S.C.I. FAYETTE; DAVIS 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; AND PRISON HEALTH SERVICES, INC., FOR S.C.I. FAYETTE, DEFENDANTS.

Judge Joy Flowers Conti

Magistrate Judge Amy Reynolds

Re: Dkt. No. [23]

MEMORANDUM ORDER

AND NOW, this 31st day of March 2008, it appearing that this Court had previously vacated the order adopting the Report and Recommendation of the Magistrate Judge, Dkt. [44], in order to permit Plaintiff to file objections within a limited time in light of his representation that he never received the Report, and it further appearing that Plaintiff nevertheless failed to file objections after being afforded the opportunity to do so, the Court hereby readopts the Report as the opinion of the Court and

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

20080402

© 1992-2008 VersusLaw Inc.



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