BOXLEY v. Wellpath, Inc. et al

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
RICHARD BOXLEY, 	: 	CIVIL ACTION
Plaintiffs, 	:
: 	NO. 24-5473
v. 	:
:
WELLPATH, LLC, et al., 	:
Defendants. 	:
ORDER
AND NOW, this 15th day of October 2026, upon consideration of Defendants Wellpath,
LLC, (“Wellpath”), Wellpath Medical Director Anthony Letizio, D.O., and Wellpath Program
Manager Dawn Menya’s, (collectively, “Defendants”), motion to dismiss for failure to state a
claim, (ECF 7) (the “First Motion”), and Plaintiff Richard Boxley’s response in opposition, (ECF
23); and Defendant Wellpath’s unopposed motion to dismiss it as a party, following a bankruptcy
discharge of claims, (ECF 17) (the “Defendant Wellpath” or “Second Motion”), to which no
response was filed, is hereby ORDERED that, for the reasons set forth in the accompanying
Memorandum Opinion, the:
1. First Motion is GRANTED, with prejudice, as to Plaintiff’s Eighth Amendment
medical indifference and professional negligence claims against Defendant Menya;
2. First Motion is GRANTED, without prejudice, as to Plaintiff’s First Amendment
retaliation claim against Defendants Menya and Dr. Letizio;
3. First Motion is DENIED, without prejudice, as to Plaintiff’s Eighth Amendment
medical indifference and state-law negligence claims against Defendant Dr. Letizio;
and;
4. Second Motion is GRANTED, with prejudice, and all claims against Defendant
Wellpath are dismissed.
BY THE COURT:
/s/ Nitza I. Quiñones Alejandro
NITZA I. QUIÑONES ALEJANDRO
Judge, United States District Court
Case 2:24-cv-05473-NIQA Document 26 Filed 10/15/26 Page 1 of 1