Skip to content.
About GPO   |   Newsroom/Media   |   Congressional Relations   |   Inspector General   |   Careers   |   Contact   |   askGPO   |   Help  
 

  FDsys > More Information
(Search string is required)
 

10-169 - MARSHALL v. SOBINA et al


Download Files

Metadata

Document in Context
10-169 - MARSHALL v. SOBINA et al
September 16, 2011
PDF | More
n and Overton; 2) granted as to the deliberate indifference claims against Defendant Sobina; 3) denied as to the claims against Defendants Lucas, McConnell, and Breckenridge; and 4) denied as to the retaliation claims against Defendant Sobina. The CREPORT AND RECOMMENDATION that the partial motion to dismiss filed by the Commonwealth Defendants 24 be granted in part and denied in part. More specifically, the motion to dismiss should be granted: 1) as to the claims against Defendants Robertsolerk of Courts should be directed to terminate Defendants Robertson and Overton from this action.It is further recommended that the motion to dismiss filed by Defendants Baker, Telega, Gilreath and Mowry 32 be denied. Objections to R&R due by 10/3/2011. Signed by Judge Susan Paradise Baxter on 9/16/11. (lrw)
October 5, 2011
PDF | More
MEMORANDUM ORDER that the 53 Report and Recommendation of Magistrate Baxter dated 9/16/2011 is adopted as the Opinion of the Court. The 24 Motion to Dismiss filed by the Commonwealth Defendants is GRANTED IN PART and DENIED IN PART. In paricular, it is GRANTED as to all claims against Defendants Robertson and Overton and as to the deliberate indifference claims against Defendant Sobina. It is DENIED as to the claims against Defendants Lucas, McConnell and Breckenridge and as to the retaliation claims against Defendant Sobina. The Clerk of Courts is DIRECTED to terminate Defendants Robertson and Overton from this action. IT IS FURTHER ORDERED that the 32 Motion to Dismiss filed by Defendants Baker, Telga, Gilreath, and Mowery is DENIED. Signed by Judge Maurice B. Cohill on 10/4/2011. (sjs)
February 13, 2013
PDF | More
REPORT AND RECOMMENDATION that Plaintiffs motion for injunctive relief 81 be denied. Objections to R&R due by 3/4/2013. Signed by Magistrate Judge Susan Paradise Baxter on 2/13/13. (lrw)
March 20, 2013
PDF | More
ORDER denying 81 Motion for Preliminary Injunction; adopting as Opinion of the Court the Report and Recommendation 93 of Magistrate Judge Susan Paradse Baxter dated 2/13/13. Signed by Judge Maurice B. Cohill on 3/18/13. (kld)
April 23, 2013
PDF | More
MEMORANDUM ORDER DENYING 94 Objections filed by JAMES MARSHALL which Court considered an appeal of M.J. Baxter's 2/11/13 Text Order denying Plaintiff's "Motion for Appointment of Independent Expert Witness" 80. Signed by Judge Maurice B. Cohill on 4/23/13. (bfm)
August 30, 2013
PDF | More
REPORT AND RECOMMENDATION that the motion for summary judgment filed by Defendants Baker, Telega, Gilreath and Mowry 82 be granted in part and denied in part. The Clerk of Courts should be directed to terminate Defendants Baker and Gilreath from this action. It is further recommended that the partial motion for summary judgment filed by the Commonwealth Defendants 86 be granted in part and denied in part. The Clerk of Courts should be directed to terminate Defendant Breckenridge. Objections to R&R due by 9/16/2013. Signed by Magistrate Judge Susan Paradise Baxter on 8/30/13. (lrw)
September 24, 2013
PDF | More
MEMORANDUM ORDER re 105 Report and Recommendation: Ordered that this matter is remanded back to M.J. Baxter for further review of this matter consistent with Memorandum Order. Signed by Judge Maurice B. Cohill on 9/23/13. (bfm )
June 2, 2014
PDF | More
REPORT AND RECOMMENDATION that the motion for summary judgment filed by Prison Health Services Defendants Baker, Telega, Gilreath and Mowry 116 be GRANTED IN PART AND DENIED IN PART, as follows: Granted on the basis of failure to exhaust as to the claims against Baker and Gilreath; Denied on the basis of failure to exhaust as to the claims against Mowry and Telega; Denied on the basis of failure to show deliberate indifference to a serious medical need.Defendants Baker and Gilreath should be dismissed as parties to this action.It is further recommended that the partial motion for summary judgment filed by the Commonwealth Defendants 112 be GRANTED IN PART AND DENIED IN PART, as follows: Denied on the basis of failure to exhaust; Granted with regard to the deliberate indifference claim against Defendant Lucas based upon delay in medical treatment; Granted as to the retaliation claims based on Misconduct B144269 for Possession of Contraband and the concomitant cell search of February 2nd, and Misconduct A913573 for Refusal to Obey an Order; Denied as to the retaliation claims based on the termination of employment and the cell searches of February 10th, February 14th and March 8th. Defendant Lucas should be dismissed as a party to this action. Objections to R&R due by 6/19/2014. Signed by Magistrate Judge Susan Paradise Baxter on 6/2/14. (lrw)
September 9, 2014
PDF | More
MEMORANDUM ORDER re 136 MOTION for Preliminary Injunction filed by JAMES MARSHALL. After de novo review of Plaintiff's Motion for Injunctive Relief and the other documents in this case, together with the July 7, 2014 Report and Recommendation of Magistrate Judge Baxter, it is hereby ORDERED, ADJUDGED, AND DECREED that the Magistrate Judge's Report and Recommendation 142, dated July 7, 2014, is adopted as the Opinion of the Court and that the Plaintiff's Motion for Injunctive Relief 136 is DENIED. Signed by Judge Maurice B. Cohill on 09/09/2014. (bfm )
September 10, 2014
PDF | More
MEMORANDUM ORDER denying Plaintiff's appeal of Magistrate Judge Baxter's June 2, 2014 Memorandum Order 135. Signed by Judge Maurice B. Cohill on 9/9/14. (bfm )
March 19, 2015
PDF | More
OPINION and ORDER denying 128 Motion for Sanctions. Signed by Judge Maurice B. Cohill on 3/19/15. (bfm ) Modified on 3/19/2015. (bfm, )
March 31, 2015
PDF | More
MEMORANDUM OPINION AND ORDER granting in part and denying in part 112 Motion for Partial Summary Judgment; granting in part and denying in part 116 Motion for Summary Judgment; adopting Report and Recommendation 134, as supplemented in Memorandum Opinion, as Court's Opinion on 112 Motion for Partial Summary Judgment; and adopting Report and Recommendation 134 as Court's Opinion on 116 Motion for Summary Judgment. Defendants Dr. Mark Baker, Dr. Valerie Gilreath, and Ralph Lucas shall be dismissed as parties to this action. A status conference with respect to this matter will be held on April 16, 2015 at 11:00 A.M. in Judge Cohill's chambers, 8170 U.S Courthouse, 700 Grant Street, Pittsburgh, PA 15219. Plaintiff shall participate in the status conference by telephone; defense counsel shall make the necessary arrangements for ensuring Plaintiffs participation in the status conference. Signed by Judge Maurice B. Cohill on 3/31/15. (bfm)
August 7, 2015
PDF | More
AMENDED FINAL SCHEDULING ORDER. Final Pretrial Conference set for 10/5/2015 is cancelled and rescheduled for 10/26/2015 at 9:30 AM in Courtroom A, U.S. Courthouse, Erie, Pennsylvania before Judge Maurice B. Cohill. Jury trial scheduled for 10/5/2015 is cancelled and rescheduled for 10/26/2015 immiedately following the final pretrial conference. Only deadlines are as set forth in the Order. Signed by Judge Maurice B. Cohill on 8/7/15. (bfm)
August 25, 2015
PDF | More
ORDER ENTERED directing that pursuant to 28 USC 1915(e)(1) and the court order of 3/24/1999 at Misc. 99-95, the Clerk of Court is directed to request a lawyer to consider entering an appearance on behalf of the plaintiff. Further ordered that the Clerk of Court is directed to provide counsel with a copy of the complaint, any amended complaint, all answers and pretrial narrative statements should any exist and shall provide counsel with any additional pleadings or documents as requested by counsel. Further ordered that this case will be administratively closed pending the completion of the search for counsel and all deadlines will be held in abeyance. Signed by Judge Maurice B. Cohill on 8/25/15. (bfm)
January 21, 2016
PDF | More
ORDER LIFTING ADMINISTRATIVE CLOSURE. The administrative closure in this case is LIFTED and a status conference on this matter shall be held on Tuesday, February 11, 2016 at 11:00 A.M. in the chambers of the Honorable Maurice B. Cohill, Jr., Suite 8170 U.S. Courthouse, Pittsburgh, PA 15219. Signed by Judge Maurice B. Cohill on 1/21/16. (bfm)