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14-069 - JAMES v. SAUERS et al


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14-069 - JAMES v. SAUERS et al
December 22, 2014
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REPORT AND RECOMMENDATION re 30 Motion to Dismiss be granted in part and denied in part, as follows: denied as to claims arising before February 19, 2012, based upon the statute of limitations; denied as to Defendant Heberling based on Fed.R.Civ.P. 25; granted as to the lack of personal involvement of Smith and Smith should be dismissed from this action; denied as to the lack of personal involvement of Sauers, Tice, Overmyer, Cole, Repco, and Ennis; granted as to the Eighth Amendment claim against Murin, Fultenberger, and Griffin based upon deprivation of food, but only Defendant Griffin should be dismissed from this action; denied as to the Eighth Amendment claim based upon the denial of Z-code status; and denied as to the Eighth Amendment claim based upon delay in treatment in September of October of 2012.The 14 Motion to Dismiss should be dismissed as moot in light of the filing of the Amended Complaint. Objections to R&R due by 1/8/2015. Signed by Magistrate Judge Susan Paradise Baxter on 12/22/2014. (css)
January 28, 2015
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MEMORANDUM ORDER denying as moot the 14 Motion to Dismiss for Failure to State a Claim in light of the filing of the Amended Complaint; granting in part and denying in part the 30 Renewed Motion to Dismiss, as set forth therein; and adopting the 44 Report and Recommendation. Signed by Judge Terrence F. McVerry on 01/28/15. (mcp)
March 11, 2015
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REPORT AND RECOMMENDATION that Correctional Officer John Doe 1 and Correctional Officer John Doe 2 be dismissed without prejudice from this action due to Plaintiffs failure to serve them in accordance with the Federal Rules of Civil Procedure. Objections to R&R due by 3/30/2015. Signed by Magistrate Judge Susan Paradise Baxter on 3/11/15. (lrw)
March 25, 2015
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MEMORANDUM ORDER adopting 64 Report and Recommendation and that C/O John Doe # 1 and C/O John Doe # 2 are hereby DISMISSED WITHOUT PREJUDICE from this action due to Plaintiffs failure to serve them within 120 days of the filing of the Amended Complaint, pursuant to Federal Rule of Civil Procedure 4(m). Signed by Judge Terrence F. McVerry on 03/25/15. (mcp) Modified docket text on 3/26/2015. (tt)
November 15, 2016
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REPORT AND RECOMMENDATION that the motion to dismiss filed by Defendant Sherbine 97 be granted as to the conspiracy and retaliation claims and denied as to the Eighth Amendment claims. Objections to R&R due by 12/2/2016. Signed by Magistrate Judge Susan Paradise Baxter on 11/15/16. (lrw)
November 16, 2016
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REPORT AND RECOMMENDATION that the motion to dismiss filed by Defendant Moll 98 be granted as to the Fourteenth Amendment, retaliation, conspiracy, and failure to supervise claims and denied as to the Eighth Amendment claims. Objections to R&R due by 12/5/2016. Signed by Magistrate Judge Susan Paradise Baxter on 11/16/16. (lrw)
December 13, 2016
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ORDER granting in part and denying in part98 Motion to Dismiss for Failure to State a Claim; adopting Report and Recommendations re 108 Report and Recommendations. Signed by Judge Barbara Rothstein on 12/9/2016. (nk)
December 13, 2016
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ORDER granting in part and denying in part97 Motion to Dismiss for Failure to State a Claim; adopting Report and Recommendations re 107 Report and Recommendations. Signed by Judge Barbara Rothstein on 12/9/2016. (nk)
January 30, 2018
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REPORT AND RECOMMENDATION re 136 MOTION for Summary Judgment filed by RHONDA SHERBINE, recommending that motion be granted. Objections to R&R due by 2/13/2018. Objections to R&R for Unregistered ECF Users due by 2/16/2018. Signed by Magistrate Judge Susan Paradise Baxter on 1/30/2018. (css)
January 30, 2018
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REPORT AND RECOMMENDATION re 139 MOTION for Summary Judgment filed by JEFFERY MOLL, recommending that the motion be granted. Objections to R&R due by 2/13/2018. Objections to R&R for Unregistered ECF Users due by 2/16/2018. Signed by Magistrate Judge Susan Paradise Baxter on 1/30/2018. (css)
January 30, 2018
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REPORT AND RECOMMENDATION re 148 MOTION for Summary Judgment filed by FILTENBURGER, ASP, MICHELLE CROWDER, ERIC TICE, HOLLIS, DEBRA SAUERS, WILSON, WANYE COLE, MICHAEL OVERMYER, MURN, GADLEY, JEAN PUHL, PAUL ENNIS, E. APADAC, ANDRE REPCO, BRUCE SIMONS, EDWARD HEBERLING, recommending that motion be granted in part and denied in part. Objections to R&R due by 2/13/2018 Objections to R&R for Unregistered ECF Users due by 2/16/2018 Signed by Magistrate Judge Susan Paradise Baxter on 1/30/2018. (css)
March 5, 2018
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ORDER adopting Report and Recommendations re 179 and GRANTING summary judgment in favor of Defendant Sherbine. Defendant Sherbine is HEREBY DISMISSED from this case. Signed by Judge Barbara Rothstein on 3/5/18. (hr)
March 5, 2018
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ORDER adopting Report and Recommendations 180 and GRANTING summary judgment in favor of Defendant Moll. Defendant Moll is HEREBY DISMISSED from this case. Signed by Judge Barbara Rothstein on 3/5/18. (hr)
March 5, 2018
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ORDER adopting Report and Recommendations 181. The Commonwealth Defendants summary judgment motion is GRANTED as to Plaintiffs retaliation and Eight Amendment claim based on the revocation of Plaintiffs Z-code status, and DENIED as to Plaintiffs excessive force and Eight Amendment claim based on delay of medical treatment. Signed by Judge Barbara Rothstein on 3/5/18. (hr)
May 7, 2018
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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. IT IS FURTHER ORDERED that the Clerk of Court is directed to provide counsel with any additional pleadings or documents as requested by counsel; IT IS FURTHER ORDERED that this matter is hereby administratively closed pending appointment of counsel, at which point the case will be reopened. Signed by Judge Cathy Bissoon on 5/7/18. (rdl)