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Davis v. Pennsylvania Department of Corrections

United States District Court, Third Circuit

December 23, 2013

SANFORD DAVIS, Plaintiff,
v.
PENNSYLVANIA DEPARTMENT OF CORRECTIONS, et al., Defendants.

ORDER

ROBERT D. MARIANI, District Judge.

AND NOW, THIS 20TH DAY OF DECEMBER, 2013, upon review of:

1. Magistrate Judge Carlson's Report and Recommendation of October 18, 2013 (Doc. 65), in part for clear error and manifest injustice and in part de novo ;
2. Defendants' Objections thereto (Doc. 70);
3. Plaintiff's Amended Complaint (Doc. 27);
4. Defendants' Motion to Dismiss the Complaint (Doc. 42);
5. And all related briefs (Docs. 44, 45, 46, 71, 72, 75),

IT IS HEREBY ORDERED THAT:

1. The Report and Recommendation (Doc. 65) is ADOPTED, for the reasons discussed in the Court's accompanying Opinion.
2. Defendants Objections (Doc. 70) are OVERRULED.
3. The Motion to Dismiss (Doc. 42) is GRANTED IN PART AND DENIED IN PART, to wit:
a. Plaintiff's claims of medical malpractice are DISMISSED WITHOUT PREJUDICE.
b. Defendants' Motion is DENIED insofar as it relates to Plaintiff's Eighth Amendment claims.
c. Any of Plaintiff's claims for injunctive relief are DISMISSED AS MOOT.
4. The case is remanded to Magistrate Judge Carlson for further proceedings consistent with this Order and accompanying Opinion.

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