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Hinerman v. Karnes

United States District Court, M.D. Pennsylvania

March 23, 2015

ISAAC S. HINERMAN, Plaintiff,
v.
ROBERT KARNES, et al., Defendants.

REPORT AND RECOMMENDATION

KAROLINE MEHALCHICK, Magistrate Judge.

On March 5, 2014, Plaintiff Isaac S. Hinerman, a state prisoner proceeding pro se, filed a complaint pursuant to 42 U.S.C. § 1983 (Doc. 1). By that complaint, Hinerman brought claims against three state correctional authorities at Lebanon County Correctional Facility in Lebanon, Pennsylvania, alleging that he was denied adequate medical care for injuries sustained from a seizure causing him to fall from the top bunk of his cell. (Doc. 1).

On July 1, 2014, Defendants Tony Hauck and Robert Karnes filed a motion to dismiss (Doc. 14), on the grounds that the complaint failed to allege any personal involvement on the part of Defendants Karnes and Hauck giving rise to Hinerman's § 1983 claims and failed to state an Eighth Amendment claim of deliberate indifference to a serious medical need against Defendants Karnes, Hauck and Dr. Jeffrey Yocum. (Doc. 30). The Court granted Defendants' motion to dismiss but granted Hinerman leave to file an amended complaint no later than February 11, 2015. (Doc. 33). On December 29, 2014, Defendant Dr. Yocum filed a motion for judgment on the pleadings. (Doc. 32). Hinerman neither filed an amended complaint by the Court imposed deadline of February 11, 2015, nor filed a response to Defendant's motion for judgment on the pleadings. As such, this Court entered an Order on March 6, 2015, directing Hinerman to file an amended complaint and a brief in opposition to Defendant's motion for judgment on the pleadings fourteen (14) days from the date of that Order, on March 20, 2015. (Doc. 34). To date, Hinerman has not filed an amended complaint and has not responded to Defendant's motion.

AND NOW, this 23rd day of March, 2015, upon Hinerman's failure to file an amended complaint within fourteen (14) days as directed by this Court's March 6, 2015 Order (Doc. 34), it is hereby recommended that:

1. The Court enter an Order DISMISSING the case, as Plaintiff has failed to file an amended complaint;
2. Defendant's motion for judgment on the pleadings (Doc. 31), be DENIED AS MOOT;
3. The Clerk of Court be directed to CLOSE the case.

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