Barron v. Pallito et al

Plaintiff: David Wayne Barron
Defendant: Andrew Pallito, Prison Health Services, Inc., Delores Burroughs-Biron, Dr. Ballard, Dr. Weischedel, Randy Porter, Theresa Stone, Carol Callea, Isenor, Kevin Jenkins, Jody Berrier and Mark Matcher
 
Case Number: 1:2009cv00209
Filed: September 10, 2009
 
Court: Vermont District Court
Office: Brattleboro Office
County: Chittenden
Referring Judge: John M. Conroy
Presiding Judge: J. Garvan Murtha
 
Nature of Suit: Plaintiff
Cause of Action: 42:1983 Prisoner Civil Rights
Jury Demanded By: Plaintiff

Available Case Documents

The following documents for this case are available for you to view or download:
Date Filed#Document Text
April 2, 2010 43 Opinion or Order of the Court ORDER AFFIRMING, APPROVING and ADOPTING 32 Magistrate Judge's REPORT AND RECOMMENDATION: Dfts' 11 , 16 , 27 and 29 Motions to Dismiss are GRANTED. Pltf shall file an amended complaint on or before 5/17/2010. 3 Motion for Prelimi nary Injunctive Relief is DENIED without prejudice. As to 22 Pltf's second Motion for Injunctive Relief, all dfts shall, within 14 days after responding to the amended complaint, file a memorandum showing cause why the motion should not be gra nted. All claims against dfts Mark Hatcher, Carol Callea and Isenor are DISMISSED. This matter is returned to Magistrate Judge John M. Conroy for further proceedings. It is further certified that any appeal taken in forma pauperis from this Order would not be taken in good faith because such an appeal would be frivolous. Signed by Judge J. Garvan Murtha on 4/2/2010. (kak)
May 28, 2010 48 Opinion or Order of the Court ORDER Affirming, Approving and Adopting 44 Magistrate Judge's Report and Recommendation. Dft Weischedel's 38 Motion to Dismiss is GRANTED. Pltf shall be allowed 20 days to amend his claims against Dr. Weischedel. Dft Hatcher's 33 Motion to Dismiss is DENIED as moot. This matter is returned to Magistrate Judge John M. Conroy for further proceedings. Signed by Judge J. Garvan Murtha on 5/28/2010. (kak)
September 23, 2010 70 Opinion or Order of the Court ORDER AFFIRMING, APPROVING and ADOPTING 44 Report and Recommendation. 22 Motion for Preliminary Injunction is DENIED. 47 Motion for Final Judgment is DENIED. 57 Motion to Dismiss is GRANTED to the extent that individual capacity claims aga inst defendant Andrew Pallito are DISMISSED; the motion is otherwise DENIED.This matter returned to Magistrate John M. Conroy. It is further certified that any appeal taken in forma pauperis from this Order would not be taken in good faith because such an appeal would be frivolous. Signed by Judge J. Garvan Murtha on 9/23/2010. (kak)
June 24, 2011 86 Opinion or Order of the Court ORDER AFFIRMING, APPROVING and ADOPTING 85 Magistrate Judge's Report and Recommendation. Plaintiff's 73 Motion for Judgment, Motion for Preliminary Injunction, 74 Motion for Emergency Injunction are DENIED. Defendants Dr. Ballard and Mental Health Management, Inc.'s 75 Second Motion to Dismiss is GRANTED. Plaintiff is granted leave to replead his claims against these two Defendants within 30 days. Defendants Andrew Pallito, in his official capacity, Theresa Stone, Randy Porter, Jodi Barriere are directed to answer the Second Amended Complaint within 20 days of this Order. It is further certified that any appeal taken in forma pauperis from this Order would not be taken in good faith because such an appeal would be frivolous. This matter is returned to Magistrate Judge John M. Conroy for further proceedings. Signed by District Judge J. Garvan Murtha on 6/23/2011. (hbc)
November 18, 2011 91 Opinion or Order of the Court ORDER: 90 Second Motion for Final Judgment DENIED. Dfts Pallito, Stone, Porter, Barriere and Jenkins to answer 61 Second Amended Complaint not later than 12/9/2011. Claims against dfts Ballard and MHMI DISMISSED with prejudice. Signed by District Judge J. Garvan Murtha on 11/18/2011. (kak)

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Plaintiff: David Wayne Barron
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Defendant: Andrew Pallito
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Defendant: Prison Health Services, Inc.
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Defendant: Delores Burroughs-Biron
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Defendant: Dr. Ballard
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Defendant: Dr. Weischedel
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Defendant: Randy Porter
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Defendant: Theresa Stone
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Defendant: Carol Callea
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Defendant: Isenor
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Defendant: Kevin Jenkins
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Defendant: Jody Berrier
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Defendant: Mark Matcher
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