McClain v. Kale et al
| Ralph W. McClain, Jr. |
| Dr. Kale, M.D., Lt. Bleich, Sgt. Muscial, Capt. Does 1-4, Mr. Nurse Doe 1, C.O. Bath, C.O. J.A. Wilk, C.O. Corbett, C.O. Rothsburn, Mr. Nurse Doe 2, Michael D. Klopotoski and Robin Lucas |
| 1:2010cv00035 |
| January 7, 2010 |
| U.S. District Court for the Middle District of Pennsylvania |
| Harrisburg Office |
| Luzerne |
| William W. Caldwell |
| J. Andrew Smyser |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| None |
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Filing
115
ORDER ADOPTING REPORT AND RECOMMENDATIONS - Accordingly, this 17th day of September, 2013, upon consideration of the report and recommendation of the magistrate judge 112 , and the objection that was filed, 113 , and upon independent review of the record, it is ORDERED that: 1. The magistrate judges report 112 is adopted. 2. Plaintiffs motion 111 to stay is denied. 3. The motion 95 for summary judgment filed by defendants Bath, Corbett, Rothsburn, Wilks, Lt. Bleich, Sgt. Muscial, Michael Klopotoski and Robin Lucas is GRANTED. 4. The Clerk of Court shall enter judgment in favor of defendants Bath, Corbett, Rothsburn, Wilks, Lt. Bleich, Sgt. Muscial, Michael Klopotoski and Robin Lucas and against Plaintiff. 5. This matter is remanded to the magistrate judge for further disposition. See order for complete details.) Signed by Honorable William W. Caldwell on 9/17/13. (am)
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Filing
87
ORDER ADOPTING REPORT AND RECOMMENDATIONS/ORDER REFERRING CASE to Magistrate Judge J. Andrew Smyser - ACCORDINGLY, this 14th day of June, 2012, it is ORDERED as follows: 1. The R&R 76 is approved. 2. Pur. to Mag. Judge Smyser's recommendation, defts.' mtn. for SJ 53 63 are granted in part & denied in part as follows: a. The corrections defts.' mtn. 53 is granted insofar as it seeks SJ on plf.'s claim that deft. Wilkes allegedly stole and/or ate plf.'s cookies. b. The mtns. are denied in all other respects. 3. This case is remanded to Judge Smyser for further proceedings, including an R&R on dispositive mtns. (See order for complete details.) Signed by Honorable William W. Caldwell on 6/14/12. (am, )
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Filing
48
ORDER ADOPTING REPORT AND RECOMMENDATIONS/REMANDING CASE - AND NOW, this 5th day of August, 2011, upon con. of the R&R of Mag. Judge Smyser, to which no objs. has been filed, it is ORDERED that the Report 46 is approved. Pur. to the Mag. Judge' ;s recommendation, it is ORDERED as follows: 1. The claims against Captain Does 1-4 & Nurse Does 1 & 2 are dism'd pur. to FRCP 4(m). 2. This case is remanded to Judge Smyser for further proceedings. (See order) Signed by Honorable William W. Caldwell on 8/5/11. (am, )
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Filing
27
ORDER ADOPTING REPORT AND RECOMMENDATIONS/ORDER REFERRING CASE - AND NOW, this 15th day of March, 2011, upon con. of the report 26 of the mag. judge, filed 2/15/11, to which no objs. were filed & upon independent review of the record, it is ordered that: The mag. judge's report is adopted. 2. The mtn. to dismiss 14 of defts. Bleich, Musial, Bath, Wilkes, Corbett, Rathburn, Klopotoski & Lucas is granted as follows. 3. The claims for monetary damages against defts., Bleich, Musial, Bath, Wilkes, Corbett, Rathburn, Klopotoski & Lucas in their offical capacities are dism'd w/out leave to amd. because such claims are barred by the 11th Amendment. 4. The claims based on verbal abuse against defts. Bleich, Musial, Bath, Wilkes, Corbe tt, Rathburn, Klopotoski & Lucas are dism'd w/out leave to amend. 5. The claims based on conspiracy against defts. Bleich, Musial, Bath, Wilkes, Corbett & Rathburn are dism'd w/out leave to amend. 6. The plf. is granted leave to file an ame nd. complt on his conspracy claims. Any amend. complt. shall be complete in all respects. It shall contain all of the plf.'s claims against all the defts. It shall be a new pleading which stands by itself as an adequate complt. w/out reference t o the complt. already filed. It shall not incorporate by reference any of the previous complt. Any amend. complt. shall be titled as an amend. complt. & shall contain the docket number of this case. 7. Plf. shall comply w/para. 6 of this order w/in 2 1 days of the dt. of this order. If he fails to do so, this action shall proceed solely on the claims that survive in the orig. complt. 8. This matter is remanded to the mag. judge for further proceedings. (See order) Signed by Honorable William W. Caldwell on 3/15/11. (am)
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