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05-781 - BANKS, et al v. COUNTY OF ALLEGHENY, et al


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05-781 - BANKS, et al v. COUNTY OF ALLEGHENY, et al
September 4, 2007
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REPORT AND RECOMMENDATION that 66 MOTION to Dismiss re 13 Amended Complaint, filed by ALLEGHENY CORRECTIONAL HEALTH SERVICES, INC., DANA PHILLIPS, BRUCE DIXON be denied. Objections to R&R due by 9/21/2007. Signed by Magistrate Judge Amy Reynolds Hay on 9/4/2007. (dgg)
September 30, 2007
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ORDER that plaintiff Banks shall proceed as the sole plaintiff in this case and all other plaintiffs shall be deemed terminated as of the date of this order; Claims of plaintiffs Hough, Thomas and Maydak are severed; Clerk of Court is directed to three separate civil actions for each severed plaintiff; These three new actions shall be assigned to same District and Magistrate Judge as the instant case and the appropriate adjustment shall be made to the civil case assignment list to compensate for such assignments; Each of these new actions shall contain a copy of the amended complaint at document number 13 and the case involving plaintiff Hough shall contain document numbers 28, 30 and 41; In addition the appropriate credit towards the filing fee shall be made as to the cases of plaintiffs Banks and Hough; Each plaintiff shall be granted 30 days from the date of this order to file a second amended complaint in their own case, raising claims solely personal to them; Failure of plaintiffs Banks, Hough or Thomas to do so will result in dismissal for failure to prosecute; Plaintiff Maydak shall have 30 days to file either a non-prisoner Application to Proceed In Forma Pauperis, or pay the filing fee, as well as submit his second amended complaint; Failure to do so will result in dismissal of plaintiff Maydak's case; 66 Motion to Dismiss is DENIED and the Report and Recommendations of 9/4/2007, document number 87 is adopted as the opinion of the Court. Signed by Judge Gary L. Lancaster on 9/28/07. (map) Modified on 10/1/2007 (sjs ).
November 25, 2007
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MEMORANDUM ORDER granting in part and denying in part 95 Motion for Reconsideration, 97 Motion for Reconsideration, 98 Motion for Reconsideration, 99 Motion for Reconsideration and 100 Motion for Reconsideration; Motions are GRANTED in that plaintiff's filing fee for the instant civil action shall be $250.00, as that was the filing fee at the time plaintiff's initial suit, prior to severance, was filed; Motions are DENIED as they request leave to take an interlocutory appeal; Motions are DENIED in all other aspects. Signed by Judge Gary L. Lancaster on 11/21/07. (map)
May 2, 2008
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ORDER denying 120 Appeal of Magistrate Judge Decision to District Court filed by FREDERICK H. BANKS. Signed by Judge Gary L. Lancaster on 5/2/08. (map)
June 2, 2008
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REPORT AND RECOMMENDATION that the County Defendants' 110 MOTION to Dismiss be granted and that the complaint be dismissed against the County Defendants for failure to state a claim and/or that the complaint be dismissed against the County Defendants as frivolous/malicious pursuant to the screening provisions of the PLRA. Further recommended that the complaint be dismissed against the Medical Defendants for failure to state a claim pursuant to the screening provisious of the PLRA. Hence, the Medical Defendants' 102 MOTION to Dismiss may be dismissed as moot. Furthermore, it is recommended that the Court decline to exercise supplemental jurisdiction over the state law claims.Objections to R&R due by 6/19/2008. Signed by Magistrate Judge Amy Reynolds Hay on 6/2/2008. (dgg)
June 30, 2008
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MEMORANDUM ORDER granting 110 Motion to Dismiss and dismissing as moot 102 Motion to Dismiss, however, all the claims against the Medical Defendants are DISMISSED for failure to state a claim pursuant to the PLRA; 122 Report and Recommendation is adopted as the opinion of the Court; Furthermore, the Court declines to exercise supplemental jurisdiction over any state law claims; Clerk is ordered to mark the case closed; Court certifies, pursuant to 28 U.S.C. ยง 1915(a), that any appeal from this Order would not be taken in good faith. Signed by Judge Gary L. Lancaster on 6/27/08. (map)
July 22, 2008
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ORDER denying 125 MOTION for Reconsideration. Signed by Judge Gary L. Lancaster on 7/21/08. (map)
September 15, 2008
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MEMORANDUM ORDER dismissing 130 Renewed Motion for Reconsideration and First Motion to Take Judicial Notice and 131 Second Motion to Take Judicial Notice for lack of jurisdiction. Signed by Judge Gary L. Lancaster on 9/12/08. (map)