Opinion
Civil Action No. 10-1039
01-03-2012
ED BAILEY, Plaintiff, v. PENNSYLVANIA DEPARTMENT OF CORRECTIONS; PRISON HEALTH SERVICES; DR. MEYERS, Defendants.
Magistrate Judge Maureen P. Kelly
ORDER
AND NOW, this 3rd day of January, 2012, after the Plaintiff, Ed Bailey, filed an action in the above-captioned case, and after Motions to Dismiss were filed by Defendants, and after a Report and Recommendation was filed by the United States Magistrate Judge granting the parties until December 16, 2011, to file written objections thereto, and no objections having been filed, and upon independent review of the record, and upon consideration of the Magistrate Judge's Report and Recommendation, which is adopted as the opinion of this Court,
IT IS HEREBY ORDERED that the Motion to Dismiss Complaint filed by Defendant, Pennsylvania Department of Corrections, ECF No. 25, is granted and the Complaint against it is dismissed with prejudice.
IT IS FURTHER ORDERED that the Motion to Dismiss Plaintiff's Complaint filed by Defendants, Prison Health Services, inc., and Christopher Meyers, ECF No. 14, is granted and the Complaint against them is dismissed without prejudice.
IT IS FURTHER ORDERED that, pursuant to Rule 4(a)(1) of the Federal Rules of Appellate Procedure, if the parties desire to appeal from this Order they must do so within thirty (30) days by filing a notice of appeal as provided in Rule 3, Fed. R. App. P.
___________________________
DONETTA W. AMBROSE
United States District Judge
cc: Honorable Maureen P. Kelly United States Magistrate Judge
All Counsel of Record by electronic filing