Ball v. Beckley et al
| Dawn Ball |
| Paul Clemmons, Baldwin, Kile, Frye, Wolfe, Cooper, Werner, Charles, Curham, Kershner, Frantz, 6 Unknown COs John & Jane Does, Beckley and Dr. Famiglio |
| 1:2011cv01829 |
| October 5, 2011 |
| US District Court for the Middle District of Pennsylvania |
| Harrisburg Office |
| Adams |
| Yvette Kane |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| None |
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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
148
ORDER - IT IS HEREBY ORDERED THAT: 1) The Court adopts the Report and Recommendation of Magistrate Judge Carlson. 2) Defendants Motion for Summary Judgment (Doc. No. 109) is GRANTED, and Plaintiffs Motion to Deny Summary Judgment (Doc. No. 141) is DENIED. 3) The Clerk of Court shall close the file. 109 141 147 Signed by Honorable Yvette Kane on 1/6/2014. (sc)
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Filing
146
ORDER - IT IS HEREBY ORDERED THAT: 1. Magistrate Judge Carlsons Report and Recommendation (Doc. No. 135) recommending that the Court grant Defendant Famiglios motion for summary judgment is ADOPTED; 2. Plaintiffs objections (Doc. No. 137) are OVERRUL ED; 3. Defendant Famiglios motion for summary judgment (Doc. No. 80) is GRANTED; 4. The Clerk of Court shall defer entering judgment until all claims are adjudicated; and 5. All further proceedings and resolution of pending motions in this action, in cluding the Department of Corrections Defendants pending motion for summary judgment (Doc. No. 109) and Plaintiffs motion to deny Defendants summary judgment motion (Doc. No. 141), are referred to Magistrate Judge Carlson. 80 135 Signed by Honorable Yvette Kane on 12/2/13. (sc)
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Filing
101
MEMORANDUM ORDER - Accordingly, IT IS HEREBY ORDERED THAT Dr. Famiglios motion to strike (Doc. 91 .) is DENIED. IT IS FURTHER ORDERED THAT the Plaintiffs motions filed in opposition to Dr. Famiglios motion for summary judgment (Doc. 86 .) and in opposition to a brief that Dr. Famiglio filed relating to another motion (Doc. 99 .) are DENIED. The Court will consider Balls brief in opposition to the motion for summary judgment (Doc. 87 .) as filed. IT IS FURTHER ORDERED THAT Plaintiffs motion for miscellaneousrelief (Doc. 94 .) is GRANTED insofar as it seeks permission to add Exhibit F to the appendix to the counterstatements of material fact. Exhibit F is attached an exhibit to Document No. 100 on the docket in this case. IT IS FURTHER ORDERED that the motion (Doc. 94 .) is DENIED insofar as it seeks to strike Dr. Famiglios declaration. There is no basis to strike the declaration, and the Court may consider it and give it such weight as is appropriate when considering the pending motion for summary judgment. Signed by Magistrate Judge Martin C. Carlson on December 21, 2012. (kjn)
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Filing
77
ORDER - IT IS HEREBY ORDERED THAT Magistrate Judge Carlson's REPORT AND RECOMMENDATION (Doc. 68) is ADOPTED, the MOTION to Dismiss (Doc. 54) is GRANTED IN PART, and all claims with the exception of Plaintiff's excessive force claim against Defendants Beckley, Cooper, Smith, Curham, Kershner, and Famiglio are DISMISSED WITH PREJUDICE. The Clerk of Court is directed to terminate Defendants Franz, Frey, Kile, Werner, Wolfe, Baldwin and Charles from this action. This matter shall be referred back to Magistrate Judge Carlson for continued pre-trial management and resolution of dispositve motions. Signed by Chief Judge Yvette Kane on 08/17/12. (pjr)
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Filing
67
MEMORANDUM OPINION - We find that Dawn Balls reckless and feckless course of pro se, in forma pauperis litigation has now run its course since, effective December 21, 2011, Ball has incurred three strikes under 28 U.S.C. §1915(g), and may not ob tain leave to proceed in forma pauperis unless she can demonstrate that she is under imminent danger of serious physical injury. 28 U.S.C. § 1915(g). However, we also conclude that the instant complaint was filed prior to December 21, 2011, and, therefore, is not subject to § 1915(g)s preclusive effect, since these three strikes had not become final at the time this action was commenced. Therefore, for the foregoing reasons, thedefendants motions to revoke Balls in forma pauperis status, (Docs. 51 and 58 .), are DENIED. Signed by Magistrate Judge Martin C. Carlson on July 11, 2012. (kjn )
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Filing
66
MEMORANDUM ORDER - We will DENY these objections which we construe as motions to reconsider. Ball is directed to continue to comply with the filing deadlines previously set by this Court and IT IS ORDERED that any requests for continuance or stay mus t be made individually by Ball in each of her cases along with factual averments specific to each particular case identifying the deadline she wishes to extend or stay, and explaining why a stay or continuance is necessary.Signed by Magistrate Judge Martin C. Carlson on 07/10/12. (pjr)
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Filing
64
ORDER denying 62 Motion to Stay - IT IS ORDERED that any requests for continuance or stay must be made individually by Ball in each of her cases along with factual averments specific to each particular case identifying the deadline she wishes to extend or stay, and explaining why a stay or continuance is necessary. Signed by Magistrate Judge Martin C. Carlson on 06/20/12. (pjr)
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Filing
27
ORDER - IT IS HEREBY ORDERED that the 16 Report and Recommendation is ADOPTED. Pltf's complaint is DISMISSED W/ PREUDICE as to Superintendent Giroux and the specific dollar claim of $1.2 billion shall be STRICKEN from the complaint. This matter is REFERRED to Magistrate Judge Martin C. Carlson for all further proceedings. Signed by Chief Judge Yvette Kane on Jan. 20, 2012. (sc)
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