United States District Court, W.D. Pennsylvania
Pupo Lenihan, Magistrate Judge.
J. SCHWAB, UNITED STATES DISTRICT JUDGE.
civil action was commenced on March 7, 2016 when Plaintiff
filed his Complaint against the above captioned Defendants.
(Doc. 1.) The case 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 Local Rules of Court 72.C and 72.D.
Magistrate Judge's Report and Recommendation (Doc. 47),
filed on July 19, 2017, recommended that the Motion to
Dismiss filed by Defendants Anthony Spader and Jefferson
County Jail (Doc. 15) be granted. The parties were informed
that in accordance with the Magistrate Judges Act, 28 U.S.C.
§ 636(b)(1)(B) and (C), and Rule 72.D.2 of the Local
Rules of Court, that they had fourteen (14) days to file any
objections from the date of service. On August 7, 2017,
Plaintiff filed a two page “answer”/objection in
which he again recited the facts of his alleged claim. Doc.
had sought to file an Amended Complaint, but did not attach
said proposed Amended Complaint to his filing on August 1,
2017. Doc. 52. Plaintiff's Motion to Amend the
Complaint was denied without prejudice for him to refile the
Motion to Amend and to attach his proposed Amended Complaint
by no later than August 16, 2017. Doc. 53. On August 18,
2017, two days after the deadline for filing the Motion for
Leave to Amend the Complaint, Plaintiff filed an Amended
Complaint, now without seeking leave to do so.
the facts as true, the Court does not find that the Amended
Complaint cures the deficiencies raised in the Report and
Recommendation on the Motion to Dismiss. First of all, the
Court notes that Plaintiff, in his Amended Complaint, has
added new Defendants (Warden Thomas Elbel and Cheryl Adams,
RN, Brookville Borough and Jefferson County) and deleted
claims against certain Defendants (Jefferson County Jail and
Brookville Hospital) from his Amended Complaint.
the claims of medical indifference against Warden Thomas
Elbel, the Report and Recommendation specifically found that
any anticipated new claims against the Warden would be
without merit. The Court finds that there can be no claim
against the Warden and therefore dismisses that claim sua
Amended Complaint as against Jefferson County, alleges that
Jefferson County Jail was deliberately indifferent to his
medical needs, and while naming Jefferson County as the
Defendant, the facts as alleged are actually a re-casted
claim against Jefferson County Jail, which the Report and
Recommendation has correctly found is not a cognizable claim.
See Paragraph 108 of Amended Complaint at doc. 55
(“Jefferson County, through the policies and/or customs
of Jefferson County Jail to allow, permit or instruct
Jefferson County Jail employees to perform their [sic] duties
in a way that denied Plaintiff the rights guaranteed him by
the Due Process Clause of the Fourteenth
de novo review of the pleadings and documents in the
case, together with the Report and Recommendation, and the
“answer” of Plaintiff to the Report and
Recommendation, as well as the Amended Complaint, the
following Order is entered:
NOW, this 22nd day of August, 2017, IT IS
HEREBY ORDERED that the Motion to Dismiss filed by
Defendants Anthony Spader and Jefferson County Jail (Doc. 15)
IS FURTHER ORDERED that the Report and
Recommendation (Doc. 47) of Magistrate Judge Lenihan, dated
July 19, 2017, is adopted as the opinion of the Court.
IT IS HEREBY ORDERED that the claims against
Warden Thomas Elbel are DISMISSED as without
merit as well as the claims for deliberate indifference to a
serious medical need against Jefferson County.