LEWIS v. SUTHERLAND et al

OCR transcription for search; preserved printed pages are authoritative

Case 1:24-cv-00043-SPB-RAL Document54 _ Filed 12/12/25 Page1of3

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA

SYLVESTER LEWIS, )
Plaintiff, ) C.A. No. 24-43 Erie
) .
V. ) District Judge Susan Paradise Baxter
) Chief Magistrate Judge Richard Lanzillo
MARK SUTHERLAND, et al., )
Defendants. )
MEMORANDUM ORDER

Plaintiff Sylvester Lewis, an inmate formerly incarcerated at the State Correctional

' commenced this pro se civil rights action in the

Facility at Forest in Marienville, Pennsylvania,
Court of Common Pleas of Forest County, Pennsylvania. The action was removed to this Court
by Notice of Removal filed on February 15, 2024 [ECF No. 1], and was referred to Chief United
States Magistrate Judge Richard A. Lanzillo for report and recommendation in accordance with
the Magistrates Act, 28 U.S.C. § 636(b)(1), and Rules 72.1.3 and 72.1.4 of the Local Rules for
Magistrates.

Plaintiff generally asserts that several medical providers and prison officials at SCI-
Forest were deliberately indifferent to his serious medical needs because they disregarded his
complaints of skipped heartbeats and arrythmia and prescribed medications that were either
ineffective or made things worse. The Defendants include three employees of the Pennsylvania
Department of Corrections (“DOC”) staffed at SCI-Forest: Superintendent Irwin, Kimberly L.

Smith, and Jana Smith (collectively, “DOC Defendants’’); five members of the medical staff at

SCI-Forest: Mark Sutherland, CRNP, Andrew Leslie, CRNP, Eleanor Dorrian, CRNP, Celinda

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Plaintiff is currently incarcerated at SCI-Rockview in Bellefonte, Pennsylvania

AUTHENTICATED
U.S. GOVERNMENT
INFORMATION

GPO

Case 1:24-cv-00043-SPB-RAL Document54 _ Filed 12/12/25 Page 2 of3

Austin-Strict, P.A., and Lisa Baird, D.O. (collectively, “Medical Defendants”); and Wellpath, the
private company contracted to provide medical care to inmates at SCI-Forest.

On May 13, 2024, the DOC Defendants filed a motion to dismiss for failure to state a
claim [ECF No. 12]. Subsequently, on June 12, 2024, the Medical Defendants filed their own
motion to dismiss, or in the alternative, motion for summary judgment [ECF No. 20]. Both
motions were fully supported and briefed by the parties.

On October 18, 2024, Judge Lanzillo issued a report and recommendation (“R&R”) with
regard to the Medical Defendants’ motion to dismiss, or in the alternative, motion for summary
judgment, recommending that the motion be granted and that judgment be entered in favor of the
Medical Defendants on all claims against them. [ECF No. 41].” In particular, Judge Lanzillo
found that Plaintiff failed to exhaust his administrative remedies with regard to any of his claims
against any Medical Defendant (Id. at pp. 8-12), and, inter alia, failed to allege sufficient facts to
support that any Medical Defendant violated his constitutional rights (Id. at pp. 19-22). Timely
objections to the R&R were originally due by November 4, 2024, which deadline was
subsequently extended by this Court to December 5, 2024 [ECF No. 43].

In the interim, on November 15, 2024, Defendant Wellpath filed a suggestion of
bankruptcy and notice of automatic stay advising the Court that Wellpath and its related entities
had filed a petition for relief under Chapter 11 of the United States Bankruptcy Code with the
United States Bankruptcy Court for the Southern District of Texas. [ECF No. 44]. As a result,
this Court issued an Order staying this case pending relief from or lifting of the automatic stay

mandated by Section 362(a) of the Bankruptcy Code, 11 U.S.C. § 362(a). [ECF No. 45]. This

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On the same date, Chief Magistrate Judge issued a separate report and recommendation addressing the DOC
Defendants’ motion to dismiss. [ECF No. 40], which has been addressed by separate Order of this Court.

Case 1:24-cv-00043-SPB-RAL Document54 _ Filed 12/12/25 Page 3of3

stay was ultimately lifted by Order of this Court dated June 2, 2025. [ECF No. 49]. At that time,
the motions filed by the DOC Defendants and the Medical Defendants were reactivated, as were
the two R&R’s addressing such motions. (Id.).

No objections to the R&R were filed before the entry of the stay on November 19, 2024,
nor were any objections filed after the lifting of the stay on June 2, 2025.

Thus, after de novo review of all relevant documents and pleadings in this case, together
with the report and recommendation, the following order is entered:

AND NOW, this 12th day of December, 2025,

IT IS HEREBY ORDERED that the Medical Defendants’ motion to dismiss, or in the
alternative, motion for summary judgment [ECF No. 20] is GRANTED and judgment will be
entered in favor of the Medical Defendants and against Plaintiff on all claims against them. The
report and recommendation of Chief Magistrate Judge Lanzillo, issued October 18, 2024 [ECF

No. 41], is adopted as the opinion of the court.

SUSAN PARADISE BAXTER
United States District Judge

cc: The Honorable Richard A. Lanzillo
Chief U.S. Magistrate Judge