BRACEY v. PENNSYLVANIA DEPARTMENT OF CORRECTIONS et al
| COREY BRACEY |
| JOE BROWNLEE, PENNSYLVANIA DEPARTMENT OF CORRECTIONS, HARLOW, HALL, BRYANT, GILLMORE, SUTTER, WHITE, FRONZ, MORROW, CALDWELL, VINCENT, DEAL, WOLFE, STAFFORD, MENTAL HEALTH MANAGEMENT, WILLIAM WOODS, MAXINE OVERTON and ROMAN |
| 1:2011cv00004 |
| January 4, 2011 |
| US District Court for the Western District of Pennsylvania |
| Erie Office |
| Erie |
| Lisa Pupo Lenihan |
| Prison Condition |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
205
MEMORANDUM ORDER. Plaintiff's Partial Motion for Summary Judgment (Doc. 142 ) is DENIED; Defendants' Motion for Summary Judgment (Doc. 170 ) is GRANTED; and the Report and Recommendation of Magistrate Judge Kelly dated August 21, 2013 her eby is adopted as the Opinion of the District Court. Pursuant to 28 U.S.C. §1367(c)(3), this Court declines to exercise supplemental jurisdiction over Plaintiff's remaining state law claims against Defendant Brownlee for alleged assault an d battery. Accordingly, those claims are DISMISSED without prejudice to be litigated in state court, and this case shall be marked "closed." Signed by Judge Cathy Bissoon on 9/23/2013. (kas) Staff note: a copy of this Memorandum Order will be sent to Plaintiff's address of record, via First-Class U.S. mail, on 9/23/13.
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Filing
201
ORDER. Plaintiff's appeal 196 from the Magistrate Judge's Order of August 6, 2013 194 is DENIED, and the aforementioned order is AFFIRMED. Signed by Judge Cathy Bissoon on 9/6/2013. (kas)
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Filing
179
ORDER denying appeal of Magistrate Judge's decision: AND NOW, to wit, this 22nd Day of May, 2013, this Court having considered Plaintiff's appeal 178 and finding no abuse of the Magistrate Judge's discretion in regards to her ruling of April 23, 2013 169 , and further finding that the Magistrate Judge did not commit clear error or otherwise act contrary to law, see 28 U.S.C. §636(b)(1)(A), therefore, IT IS ORDERED that the instant appeal shall be, and hereby is, DENIED and the aforementioned Order of the Magistrate Judge shall be, and hereby is, AFFIRMED. Signed by Chief Judge Sean J. McLaughlin on 5/22/2013. (kas)
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Filing
177
MEMORANDUM ORDER: This Court having now reviewed de novo the complaint and documents in the case, together with the Report and Recommendation, Plaintiff's motion for service and his objections to the R&R, therefore, IT IS HEREBY ORDERED, this 9t h Day of May, 2013, that this Court declines to adopt the Report and Recommendation 152 entered on February 5, 2013 and directs the Magistrate Judge to enter an order instructing the U.S. Marshal to effectuate service upon Defendant Brownlee. Signed by Chief Judge Sean J. McLaughlin on 5/9/13. (kas)
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Filing
176
ORDER denying appeals from Magistrate Judge's Rulings: This Court having considered Plaintiff's appeals (at Doc. Nos. 134 and 151 ) and finding no abuse of the Magistrate Judge's discretion in regards to her rulings of December 19, 2012 132 and January 15, 2013 137 , and further finding that the Magistrate Judge did not commit clear error or otherwise act contrary to law, see 28 U.S.C. § 636(b)(1)(A), therefore, IT IS ORDERED this 8th Day of May, 2013 that the instant appeals shall be, and hereby are, DENIED and the aforementioned orders of the Magistrate Judge shall be, and hereby are, AFFIRMED. Signed by Chief Judge Sean J. McLaughlin on 05/8/2013. (kas)
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Filing
169
OPINION & ORDER denying 150 Motion for Sanctions. Signed by Magistrate Judge Maureen P. Kelly on 4/23/2013. Copy of Opinion & Order mailed to Plaintiff on 4/23/2013. (dgg)
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Filing
137
ORDER denying 131 Motion for Sanctions; denying 131 Motion to Extend Time for discovery; denying 131 Motion to Compel discovery; denying 133 Motion for Discovery; denying 133 Motion for Sanctions. Signed by Magistrate Judge Maureen P. Kelly on 1/15/2013. (ndf )A copy of the Memorandum Order has been mailed to Plaintiff this 15th day of January, 2013 as follows: Corey Bracey, GS-4754, SCI Smithfield, Box 999, 1120 Pike Street, Huntingdon, PA 16652
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Filing
132
ORDER denying without prejudice 127 Motion for Hearing and/or MOTION for Sanctions filed by COREY BRACEY. IT IS FURTHER ORDERED that no later than February 1, 2013, Defendants shall file affidavits of appropriate individuals establishing the cust ody and control of all video surveillance reviewed by Defendant Deal following the assault at issue in Plaintiffs action and provide documentation of any retention program and policies in effect during the relevant time period. Signed by Magistrate Judge Maureen P. Kelly on 12/19/2012. A copy of the Opinion and Order has been forwarded to Plaintiff this same day via US First Class Mail. (ndf )
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Filing
120
ORDER granting in part and denying in part 106 Motion to Compel Discovery; denying 110 Motion for Extension of Time to Complete Discovery. Signed by Magistrate Judge Maureen P. Kelly on 10/12/2012. (ndf )A copy of the Memorandum Order has been forwarded to Plaintiff this day via US Mail to his address of record: Corey Bracey, GS4754, SCI Smithfield, 1120 Pike Street, Box 999, Huntingdon, PA 16652
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Filing
94
OPINION AND ORDER: AND NOW, this 18th day of May, 2012, upon consideration of Plaintiff's Objections to Proposed Order of District Court [ECF No. 83], which this Court construes as a Motion for Reconsideration, and for the reasons set forth in the accompanying Opinion, it is ORDERED that Plaintiff's Motion for Reconsideration is denied. Defendants Roman and Mental Health Management are hereby dismissed from this case. Signed by Judge Sean J. McLaughlin on 5/18/12. (kas)
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Filing
79
MEMORANDUM AND OPINION re 47 outstanding issues with regard to Plaintiff's MOTION to Compel Discovery filed by COREY BRACEY, ORDER granting in part and denying in part Plaintiff's Motion to Compel. Signed by Magistrate Judge Maureen P. Kelly on 3/14/2012. A copy of the Opinion and Order have been mailed to Plaintiff at his address of record on March 14, 2011, via regular mail. (ndf )
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Filing
78
MEMORANDUM ORDER: AND NOW, this 9th day of March, 2012, this Court having previously entered a Memorandum Order 76 on March 8, 2012 in the above-captioned case, IT IS ORDERED that the Court's March 8 Memorandum Order shall be, and hereby is, A MENDED so as to clarify the following: IT IS ORDERED that the motion to dismiss 40 filed on behalf of the DOC Defendants shall be, and hereby is, GRANTED in part and DENIED in part as follows: 1. The motion shall be GRANTED insofar as it relates to Plaintiff's Eighth Amendment claims premised upon his complaints about medication distribution security procedures and the alleged infrequency of counseling visits. Accordingly, those claims shall be, and hereby are, DISMISSED with prejudice inasmuch as they are incapable of any curative amendment. There being no other viable claims against Defendant Overton, she is hereby dismissed from this case. 2. The motion shall be GRANTED insofar as it relates to Plaintiff's claims directe d against the Pennsylvania Department of Corrections. Accordingly, those claims shall be, and hereby are, DISMISSED with prejudice inasmuch as they are incapable of any curative amendment. There being no other viable claims against the Pennsylvania DOC, that Defendant is hereby dismissed from this case. 3. The motion shall be DENIED in all other respects. IT IS FURTHER ORDERED, pursuant to this Court's authority under the Prison Litigation Reform Act, 28 U.S.C. § 1915A(a), that the Plaintiff's state law claims against Defendants Roman and Mental Health Management for alleged medical malpractice shall be, and hereby are, DISMISSED without prejudice, inasmuch as Plaintiff has failed to comply with the requirements of Pennsyl vania Rule of Civil Procedure 1042.3(a) and this Court agrees with Magistrate Judge Kelly's determination that the Plaintiff's medical malpractice claims are not excepted from the requirements of that rule. Plaintiff shall have twenty-one (21) days from the date of this Order, or until March 30, 2012, within which to comply with Pa. R. Civ. P. 1042.3(a). Upon doing so, Plaintiff's state law medical malpractice claims shall be deemed reinstated. Plaintiff's failure to compl y with Pa. R. Civ. P. 1042.3(a) on or before March 30, 2012 shall result in those claims being dismissed with prejudice and shall further result in Defendants Roman and Mental Health Management being dismissed from this case. IT IS FURTHER ORDERED that the Report and Recommendation 74 , filed on February 17, 2012 by Magistrate Judge Kelly, is adopted as the opinion of the Court. Signed by Judge Sean J. McLaughlin on 03/09/2012. (kas)
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Filing
76
MEMORANDUM ORDER: AND NOW, this 8th day of March, 2012; IT IS HEREBY ORDERED that the motion to dismiss 40 filed on behalf of the DOC Defendants shall be, and hereby is, GRANTED in part and DENIED in part as follows: 1. The motion shall be GRANTE D insofar as it relates to Plaintiff's Eighth Amendment claims arising out of medication distribution security procedures and alleged medical malpractice and, accordingly, those claims shall be, and hereby are, DISMISSED with prejudice; 2. The m otion shall be GRANTED insofar as it relates to Plaintiff's claims directed against the Department of Corrections and, accordingly, those claims shall be, and hereby are, DISMISSED with prejudice; and 3. The motion shall be DENIED in all other respects. IT IS FURTHER ORDERED that the Report and Recommendation 74 , filed on February 17, 2012 by Magistrate Judge Kelly, is adopted as the opinion of the Court. Signed by Judge Sean J. McLaughlin on 03/08/2012. (kas)
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Filing
54
MEMORANDUM ORDER: AND NOW, this 16th day of September, 2011, IT IS HEREBY ORDERED that Plaintiff's Motion for Injunctive Relief, ECF No. 3 , is DENIED. IT IS FURTHER ORDERED that the Report and Recommendation, ECF No. 45 , filed on August 9, 2011, by Magistrate Judge Kelly, is adopted as the opinion of the Court. Signed by Judge Sean J. McLaughlin on 09/16/2011. (kas)
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