IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA
August 12, 2008
JAMES E. MCCOY, PLAINTIFF
JEFFREY BEARD, COMMISSIONER OF CORRECTIONS; GERALD ROZUM, SUPERINTENDENT S.C.I. SOMERSET; PRISON HEALTH SERVICES; DR. R. MCGRAPH, PHYSICIAN AT S.C.I. SOMERSET; E. SIMKINS, PHYSICIANS ASSISTANT AT S.C.I. SOMERSET; INDIVIDUALLY AND IN THEIR OFFICIAL CAPACITIES, DEFENDANTS
The opinion of the court was delivered by: Magistrate Judge Amy Reynolds Hay
Judge Nora Barry Fischer
AND NOW, this 12th day of August, 2008, after the Plaintiff, James E. McCoy, filed an action in the above-captioned case, and after Defendants filed Motions to Dismiss, and after a Report and Recommendation was filed by the United States Magistrate Judge giving the partied until July 28, 2008 to file written objections thereto, and no objections having been filed, and upon independent review of 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 the DOC Defendants, Dkt. , is granted.
IT IS FURTHER ORDERED that the motion to dismiss by the Medical Defendants, Dkt. , is denied.
IT IS FURTHER ORDERED that, pursuant to Rule 4(a)(1) of the Federal Rules of Appellate Procedure, if the parties desire to appeal from this Order they must do so within thirty (30) days by filing a notice of appeal as provided in Rule 3, Fed.R.App.P.
NORA BARRY FISCHER United States District Judge
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