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17-049 - HARVEY v. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF CORRECTIONS et al


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17-049 - HARVEY v. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF CORRECTIONS et al
January 31, 2018
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REPORT AND RECOMMENDATION re 27 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by WILLIAM SHOUPE, recommending that the Motion to Dismiss be granted and that Plaintiff's claim arising out of his alleged unlawful detention be dismissed with prejudice and that Plaintiff's Eighth Amendment conditions of confinement claim be dismissed without prejudice. It is further recommended that the 32 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction filed by STESSNEY, COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF CORRECTIONS, AMY WOOD, TAMMY FERGUSON, JAMES KELLY, MARK CAPOZZA be granted and that all claims asserted be dismissed with prejudice. Objections to R&R due by 2/14/2018; Objections to R&R for Unregistered ECF Users due by 2/20/2018. Signed by Chief Magistrate Judge Maureen P. Kelly on 1/31/2018. A copy of this Report and Recommendation and a copy of the docket entry reflecting the due date for objections thereto has been mailed this date to Plaintiff at his address of record (ndf)
March 7, 2018
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ORDER granting 27 and 32 Motions to Dismiss. Defendants Commonwealth of Pennsylvania Department of Corrections, Mark Capozza, Tammy Ferguson, Mr. Stessney, James Kelly and Amy Wood are dismissed with prejudice. Plaintiff may file an amended complaint as to Eighth Amendment claim against defendant William Shoupe no later than 3/28/18. FURTHER adopting 39 Report and Recommendation of Chief Magistrate Judge Kelly as the opinion of the Court. Signed by Judge David S. Cercone on 3/7/18. (njt)
June 11, 2018
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REPORT AND RECOMMENDATION re 47 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM re Plaintiff's 45 Amended Complaint filed by WILLIAM SHOUPPE, recommending the dismissal of Plaintiff's Amended Complaint with prejudice. Objections to R&R due by 6/25/2018 Objections to R&R for Unregistered ECF Users due by 6/28/2018 Signed by Magistrate Judge Maureen P. Kelly on 6/11/2018. (ndf)
July 10, 2018
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ORDER granting 47 Motion to Dismiss and further adopting 53 Report and Recommendation as the opinion of the Court. The Clerk shall mark this case CLOSED. Signed by Judge David S. Cercone on 7/9/18. (njt)