Robles v. Casey et al
| Carlos Robles |
| Gary Davis, Kevin Jones, Jerome Walsh, Robin Lucas, Erik Sowga, Dorina Varner, Thomas Leskowski, Dr. Bohinski and J.J. Casey |
| 1:2010cv02663 |
| December 29, 2010 |
| US District Court for the Middle District of Pennsylvania |
| Harrisburg Office |
| Luzerne |
| Thomas M. Blewitt |
| Yvette Kane |
| Prison Condition |
| 42 U.S.C. ยง 1983 |
| Both |
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Filing
97
MEMORANDUM and ORDER - IT IS HEREBY ORDERED that 1)MJ Blewitt's R&Rs are ADOPTED. 2)Pltf's objections are OVERRULED. 3)Dft Bohinski's mtn for sumjgm and Dfts Davis, Jones, Casey and Leskowsky's mtn for sumjgm are GRANTED; and 4)The Clerk of Court is directed to CLOSE this case. 66 73 89 92 Signed by Chief Judge Yvette Kane on Jan. 25, 2013. (sc)
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Filing
59
ORDER - IT IS HEREBY ORDERED that MJ Blewitt's 45 Report and Recommendation is ADOPTED IN PART and Dft Bohinski's 30 Motion to Dismiss is GRANETD w/ respect to all 8th Amendment claims. The motion is DENIED as to the medical malpractice claims raised against Dft. Bohinski. The case will be referred back to MJ Blewitt for all further pre-trial proceedings. Signed by Chief Judge Yvette Kane on Feb. 6, 2012. (sc)
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Filing
23
ORDER ADOPTING REPORT AND RECOMMENDATIONS - IT IS HEREBY ORDERED THAT the report and recommendation (Doc. No. 20) is ADOPTED IN PART as follows: 1) All claims against Defendants Lucas, Sowga, Walsh, and Varner are DISMISSED WITH PREJUDICE; 2) The con ditions of confinement claim against Defendants Davis and Jones are DISMISSED WITH PREJUDICE; 3) The Eighth Amendment claims arising from the 7/25/10 eye injury against Defendants Davis and Jones may proceed; 4) Plaintiff's Eighth Amendment deni al of proper medical care claim against Defendants Bohinski and Leskowski arising from the 7/25/10 eye injury may proceed; 5) Plaintiff's Eighth Amendment denial of medical care claim against Defendant Bohinski regarding Defendant Bohinski' s failure to treat Plaintiff's pre-existing eye conditions may proceed; 6) Plaintiff's Eighth Amendment state-created danger claim against Defendant Casey may proceed; 7. To the extent that Plaintiff raises a claim for money damages against any named Defendant in his official capacity, those claims are DISMISSED WITH PREJUDICE; and 8) To the extent that Plaintiff raises a claim based on any Defendant's handling of the grievance procedure, those claims are DISMISSED WITH PREJUDICE. This case shall be recommitted to Magistrate Judge Blewitt for further proceedings, including directing service of Plaintiff's Second Amended Complaint (Doc. No. 17) on the remaining Defendants.Signed by Chief Judge Yvette Kane on 06/08/11. (pjr)
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Filing
10
MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that the 6 Report and Recommendation is ADOPTED as follows: 1)Any clms for monetary damages against all named dfts in their official capacities are DISMISSED WITH PREJUDICE. 2)Pltf's 14th Amendment E qual Protection claims against all named Dfts are DISMISSED w/ PREJUDICE. 3)Any 8th Amendment denial of proper medical care clms against all named Dfts are DISMISSED W/O PREJUDICE. 4)Pltf's 8th Amendment conditions of confinement clms are agains t all dfts are DISMISSED W/O PREJUDICE. 5)All clms against Dfts Davis, Jones, Lucas, Sowga, Walsh and Varner are DISMISSED W/O PREJUDICE. 6)Pltf's 8th Amendment state created danger claim SHALL BE permitted to proceed agsinst Dft Case. 7)Pltf SH ALL BE given leave to file an amdcmpt w/i 10 days. 8)Dfts Mtn to Dismiss is DENIED AS MOOT. 9)Pltf's mtn for exttm to respond to the mtn to dismiss is DENIED AS MOOT. 10)This action shall be REFERRED to MJ Blewitt for pre-trial mgmt. 8 4 6 Signed by Chief Judge Yvette Kane on Jan. 3, 2011. (sc)
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