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Jones v. Lapina

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


November 15, 2010

DAMON JONES, PLAINTIFF,
v.
LORI LAPINA, PHYSICIAN ASSISTANT; STANLEY FALOR, PHYSICIAN; AND JOHN OR JANE DOE, MEDICAL RECORDS SUPERVISOR, DEFENDANTS.

The opinion of the court was delivered by: Judge Terrence F. McVerry

Magistrate Judge Lisa Pupo Lenihan

MEMORANDUM ORDER

The above captioned case was initiated by the filing of a Motion to Proceed In Forma Pauperis (ECF No. 1) on September 13, 2006, and was referred to United States Magistrate Judge Lisa Pupo Lenihan for pretrial proceedings in accordance with the Magistrate Judges Act, 28 U.S.C. § 636(b)(1), and Rules 72.1.3 and 72.1.4 of the Local Rules for Magistrate Judges.

Following remand from the Court of Appeals for the Third Circuit, on October 18, 2010, the magistrate judge filed a Report and Recommendation recommending that the Motion to Dismiss the Complaint filed by Stanley Falor and Lori Lapina (as supplemented by their Reply Brief filed on February 11, 2010 (ECF No. 55)) be granted (ECF No.67). Plaintiff filed Objections to the Report and Recommendation on November 4, 2010 (ECF No. 69). Plaintiff's Objections do not undermine the recommendation of the magistrate judge.

After de novo review of the pleadings and documents in the case, together with the Report and Recommendation, the following order is entered:

AND NOW, this 15th day of November, 2010;

IT IS HEREBY ORDERED that the Motion to Dismiss filed by Defendants Falor and Lapina (ECF No. 20), as supplemented by their Reply Brief filed on February 11, 2010 (ECF No. 55) is GRANTED.

IT IS FURTHER ORDERED that Plaintiff's Motion to Substitute an Executor or Administrator for Defendant Stanley Falor, M.D., Because of His Death (ECF No. 65) is DENIED as moot.

IT IS FURTHER ORDERED that the Report and Recommendation (ECF. No. 67) dated October 18, 2010, is ADOPTED as the Opinion of the Court.

IT IS FURTHER ORDERED that the Clerk of Court mark this case CLOSED.

AND IT IS FURTHER ORDERED that pursuant to Rule 4(a)(1) of the Federal Rules of Appellate Procedure, Plaintiff has thirty (30) days to file a notice of appeal as provided by Rule 3 of the Federal Rules of Appellate Procedure.

Terrence F. McVerry United States District Judge

20101115

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