United States District Court, W.D. Pennsylvania
JOHN L. CORBIN, Plaintiff,
DR. HALLIGAN, et al., Defendants.
PARADISE BAXTER UNITED STATES DISTRICT JUDGE.
prisoner civil rights action was received by the Clerk of
Court on June 26, 2018 and was referred to the undersigned,
then a United States Magistrate Judge, for report and
recommendation in accordance with the Magistrates Act, 28
U.S.C. § 636(b)(1), and Rules 72(C) and (D) the Local
Civil Rules of Court. Plaintiff's complaint (ECF No. 3)
was filed on July 12, 2018. ECF No. 3.
September 14, 2018, the undersigned was sworn in as a United
States District Judge. This action was transferred to the
undersigned, as presiding judge, four days later. ECF No. 14.
On September 27, 2018, the case was referred to United States
Magistrate Judge Richard A. Lanzillo for all pretrial
proceedings. ECF No. 15.
October 1, 2018, Defendants Halligan, Chuzie, and Stroup
(collectively, the “Medical Defendants”) filed a
motion to dismiss the Plaintiff's claims. ECF No. 17.
Defendants Blair, Clark, Gunther, Linder, Lock, Smock, and
Tharp filed their motion to dismiss on October 9, 2018. ECF
No. 19. Plaintiff filed responses on December 26, 2018. ECF
Nos. 36 and 37.
April 8, 2019, Judge Lanzillo issued a Magistrate Judge's
Report and Recommendation (“R&R”)
recommending that the motion to dismiss filed by the Medical
Defendants be granted. ECF No. 44. The claims against these
Defendants are predicated on alleged violations of
Plaintiff's Eighth Amendment rights inasmuch as Plaintiff
avers Halligan, Chuzie, and Stroup were deliberately
indifferent to his serious medical needs.
Report and Recommendation, Judge Lanzillo delineated the four
separate violations that he perceived were being asserted:
(1) a claim that Plaintiff was forced to go without medical
attention for 10 to 12 days due to the fact that he would not
sign a co-payment form in connection with medical treatment
for a work-related injury; (2) a claim against Defendant
Chuzie based upon her alleged misdiagnosis of his arm injury
and erroneous prescription of certain medication; (3) a claim
against Defendants Halligan and Stroup based upon their
decisions to not order an MRI of Plaintiff's injured arm;
and (4) a claim that medical staff refused to provide
Plaintiff pain medication due to Halligan's “false
diagnosis” of kidney disease. Judge Lanzillo opined
that each of these claims, as pled, failed to state a cause
of action upon which relief can be granted; however, he also
opined that the claims against Halligan and Stroup based upon
their refusal to order an MRI were not necessarily futile.
Accordingly, Judge Lanzillo recommended that those specific
claims be dismissed without prejudice. Plaintiff filed his
“Objection to Report and Recommendation” on May
31, 2019. ECF Nos. 49.
careful de novo review of the complaint and
documents in the case, together with the report and
recommendation and Plaintiff's objections thereto, the
following order is entered:
NOW, this 11th day of July, 2019;
HEREBY ORDERED that the motion to dismiss filed by Defendants
Halligan, Chuzie, and Stroup, ECF No. , shall be, and
hereby is, GRANTED, and the claims against them are dismissed
(a) Plaintiff's claim against Defendant Chuzie based upon
her alleged misdiagnosis and prescription of inappropriate
medication shall be, and hereby is, DISMISSED with prejudice;
(b) Plaintiff's claim relating the Medical
Defendants' “false diagnosis” of kidney
disease and failure to provide pain medication shall be, and
hereby is, DISMISSED with prejudice; and
(c) Plaintiff's claims against Defendants Halligan and
Stroup based upon their failure to order an MRI shall be, and
hereby are, DISMISSED without prejudice. Upon the Court's
resolution of the motion to dismiss that was filed by the
remaining (non-medical) Defendants, the Court will establish
a deadline for repleading these claims so that proposed
amendments are not handled piecemeal.
FURTHER ORDERED that the report and recommendation of
Magistrate Judge Lanzillo, issued on April 8, 2019, ECF No.
, as modified by this Memorandum ...