WINSTON v. BAUER et al
MICHAEL WINSTON |
LAURA BAUER, MICHAEL LINDSEY, JOHN PARROCCINI, ROSS MCKEIRNAN and LARRY KOPKO |
1:2009cv00224 |
August 31, 2009 |
US District Court for the Western District of Pennsylvania |
Erie Office |
Warren |
Sean J. McLaughlin |
Plaintiff |
18 U.S.C. ยง 241 Conspiracy Against Citizen Rights |
Plaintiff |
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Filing 42 MEMORANDUM ORDER: AND NOW, to wit, this 30th Day of November, 2011, based upon the foregoing reasons, IT IS ORDERED that the above-captioned matter shall be, and hereby is, DISMISSED with prejudice. Signed by Judge Sean J. McLaughlin on 11/30/2011. (kas) |
Filing 29 MEMORANDUM OPINION AND ORDER: AND NOW, to wit, this 21st day of September, 2010, for the reasons set forth in the accompanying Memorandum Opinion, IT IS ORDERED that Defendant Laura Bauer's Motion 5 to Dismiss Plaintiff's Complaint be, an d hereby is, GRANTED and all claims against Defendant Bauer are hereby DISMISSED WITH PREJUDICE. IT IS FURTHER ORDERED that Defendant Michael Lindsey's Motion to Dismiss 22 be, and hereby is, GRANTED in part and DENIED in part as follows: 1. Said motion is DENIED with respect to Plaintiff's §1983 claim against Defendant Lindsey premised on the alleged use of excessive force; and 2. Said motion is GRANTED in all other respects with the caveat that Plaintiff may attempt to replea d, on or before October 21, 2010, his §1983 claim against Defendant Lindsey premised on the alleged denial of necessary medical treatment. Failure to do so will result in the dismissal of such claim with prejudice. Consistent with the foregoin g, all claims against Defendant Lindsey, other than Plaintiff's § 1983 claim premised upon the alleged used of excessive force and his § 1983 claim premised upon the alleged denial of necessary medical treatment, are hereby DISMISSED W ITH PREJUDICE. IT IS FURTHER ORDERED that the Motion to Dismiss Pursuant to Federal Rule of Civil Procedure 12(b)(6) filed on behalf of Defendants Parroccini, McKeirnan, and Kopko 24 be, and hereby is, GRANTED with the caveat that Plaintiff may at tempt to replead, on or before October 21, 2010, his §1983 claim against Defendant Kopko premised on the alleged denial of necessary medical treatment. Failure to do so will result in the dismissal of such claim with prejudice. Consistent with the foregoing, all claims against Defendants Parroccini, McKeirnan, and Kopko, other than Plaintiff's § 1983 claim against Kopko premised upon the alleged denial of necessary medical treatment, are hereby DISMISSED WITH PREJUDICE. Signed by Judge Sean J. McLaughlin on 09/21/2010. (kas) |
Filing 16 MEMORANDUM ORDER denying 12 Motion for Recusal. Signed by Judge Sean J. McLaughlin on 10/29/2009. (kas) |
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