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07-268 - FELGAR v. BURKETT et al


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07-268 - FELGAR v. BURKETT et al
July 16, 2008
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REPORT AND RECOMMENDATION that, pursuant to the authority granted to courts in the Prison Litigation Reform Act, Plaintiff's claims against all named Defendants be dismissed in their entirety, due to this Court's lack of subject matter jurisdiction. It is further recommended that, pursuant to the same authority, Plaintiff's claims against unnamed Defendant John Doe #1 be dismissed in their entirety, as Plaintiff has failed to identify and serve said Defendant within 120 days, in accordance with the requirements of Rule 4(m) of the Federal Rules of Civil Procedure and, in any event, continued pursuit of those claims against such Defendant would be frivolous, based upon this Court's lack of subject matter jurisdiction. It is further recommended that 48 MOTION to Dismiss Plaintiff's Amended Complaint or, in the Alternative, MOTION for Summary Judgment filed by Carl Gotwald, FRED HUMMEL, Christopher Shaw, LAVIETA LERCH, DANIEL OGDEN, GREGORY BAZYLAK, JEFFREY D. BURKETT, JOHN ENGROS, KIRK BRUNDOCK, LARRY STRAITIFF, TONYA S. GEIST, THOMAS DEMCO, (FIRST NAME UNKNOWN) DUNKLE, be dismissed as moot, and 46 MOTION to Dismiss Amended Complaint filed by MARILYN BROOKS, SHARON BURKS, (FIRST NAME UNKNOWN) GAMBLE, (FIRST NAME UNKNOWN) CARSON, SUSAN J. FORNEY, MICHAEL CLARK, ROBERT ENGLESBURG, THOMAS W. CORBETT, JR., GERALD PAPPERT, JAMES NOON, JR., C. (FNU) GILL, BETH MILLER KLAUK, ALEXANDER MERICLI, WILLIAM STICKMAN, (FIRST NAME UNKNOWN) BRYANT, WILLIAM BARR, PATRICIA THOMPSON, WILLIAM HARRISON, JEFFERY BEARD, PATRICIA MCKISSOCK, be dismissed as moot. Objections to R&R due by 8/4/2008. Signed by Judge Susan Paradise Baxter on 7/16/08. (lrw)
September 15, 2008
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MEMORANDUM ORDER: AND NOW, this 15th Day of September, 2008, IT IS HEREBY ORDERED that: 1. Pursuant to the authority granted to courts in the Prison Litigation Reform Act, Plaintiff's claims against all named Defendants be, and hereby are, dismissed in their entirety, due to this Court's lack of subject matter jurisdiction; 2. Pursuant to the same authority, Plaintiff's claims against unnamed Defendant John Doe # 1 be, and hereby are, dismissed in their entirety, as Plaintiff has failed to identify and serve said Defendant within 120 days, in accordance with the requirements of Rule 4(m) of the Federal Rules of Civil Procedure, and, in any event, continued pursuit of those claims against such Defendant would be frivolous based upon this Court's lack of subject matter jurisdiction; 3. The Commonwealth Defendants' Motion to Dismiss Amended Complaint 46 be, and hereby is, DISMISSED as moot; and 4. The non-Commonwealth Defendants' Motion to Dismiss Plaintiff's Amended Complaint or, in the Alternative, Motion for Summary Judgment 48 be, and hereby is, DISMISSED as moot. The report and recommendation of Chief Magistrate Judge Baxter dated July 16, 2008 53 is adopted as the opinion of this Court. Signed by Judge Sean J. McLaughlin on 09/15/2008. (kas)