Ball v. Famiglio et al
| Dawn Ball |
| Dr. Famiglio, Lt. Hummel, Neece, Barto, Gothural, Gloria Diggan, D'Addio, Jane Doe,, Dawn Werner, Stone and Judy Rowe |
| 1:2011cv01834 |
| October 4, 2011 |
| US District Court for the Middle District of Pennsylvania |
| Harrisburg Office |
| Lycoming |
| Martin C. Carlson |
| Yvette Kane |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| None |
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The following documents for this case are available for you to view or download:
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Filing
135
ORDER: 1) The Court adopts the Report and Recommendation 134 of MJ Carlson.2) Dfts mtns for summary judgment 117 and 122 are GRANTED.3) Pltfs complaint is DISMISSED WITH PREJUDICE.4) The Clerk of Court is directed to close this case.Signed by Honorable Yvette Kane on 06/01/15. (ma)
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Filing
116
ORDER ADOPTING REPORT AND RECOMMENDATIONS - IT IS HEREBY ORDERED THAT: 1) The Court adopts the Report and Recommendation of Magistrate Judge Carlson.2) Defendants motion 111 to revoke the plaintiffs leave to proceed in formapauperis is DENIED. 3) The case is referred back to the Magistrate Judge for further proceedings. Signed by Judge Yvette Kane on 1/8/15.(rc)
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Filing
101
ORDER - IT IS HEREBY ORDERED THAT the REPORT AND RECOMMENDATIONS (Doc. 93) is ADOPTED and the following claims are DISMISSED WITH PREJUDICE as frivolous for failure to state a claim: 1. All claims arising out of conduct in September 2011; 2) All clai ms against Dawn Werner; 3) All claims for a specific sum of unliquidated damages in the amount of $5,000.00; 4) All claims related to allegations that: A. Defendant Famiglio provided some extra degree of medical care to Ball, in the form of offe ring Ball skin lotion, and other medicines, if she refrained from signing up for sick calls; B. Defendant D'Addio gave Plaintiff's medical records to a state hospital without her permission, and "told my private business to corrections officers;" C. Defendants Gothwal and Famiglio declined to see Plaintiff on three occasions in April 2011 and twice in May 2011 since Plaintiff does not indicate what, if any, medical problems she was experiencing at the time that these physicia ns declined to see her on these specific dates; D. Defendants Famiglio, Gothwal, Rowe, and Duggan told Plaintiff that the results of her pap smear were "fine" even though Plaintiff did not believe them; E. Defendants Rowe and Duggan "m ade derogatory and slanderous statements against me on their grievance responses. They said I put my fingers in feces and smear it on [medical] requests which is not true." This matter shall be referred back to Magistrate Judge Carlson for continued pre-trial management and resolution of dispositive motions. Signed by Chief Judge Yvette Kane on 08/17/12. (pjr)
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Filing
92
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
90
ORDER denying 88 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
86
ORDER - IT IS HEREBY ORDERED that the 69 REPORT AND RECOMMENDATION is ADOPTED and the Medical Defts 51 Motion to Dismiss is GRANTED IN PART. SEE ORDER. In light of the foregoing, the 70 Motion to Dismiss is DENIED AS MOOT. This matter shall be referred back to Magistrate Judge Martin C. Carlson for continued Pretrial Management and resolution of dispositive motions.Signed by Chief Judge Yvette Kane on May 23, 2012. (sc)
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Filing
60
ORDER - IT IS HEREBY ORDERED that the 50 Report and Recommendation is ADOPTED and Dfts' 22 Motion is DENIED. Pltf is placed on notice that if any of her pending suits are dismissed for failure to state a claim upon which relief may be granted that such a dismissal would constitute a "third strike" which would severely inhibit her ability to proceed IFP in the future. Signed by Chief Judge Yvette Kane on March 6, 2012. (sc)
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Filing
45
MEMORANDUM OPINION AND ORDER - for the foregoing reasons, the following discovery motions filed by the plaintiff, Dawn Ball in violation of this Courts prior stay orders; namely Balls Motions to Take Inmate Declarations; Motions for Examination by Ou tside Specialists; Motions to Test Mold Samples; and Motions to Order SCI Muncy to Release Records are DENIED, without prejudice to the parties pursuing appropriate discovery once the pending, and potentially dispositive, motions to revoke in forma p auperis status are resolved. It is further ORDERED that The plaintiffs motions for Stays of Briefing of the Motions to Revoke Balls In Forma Pauperis status are DENIED with prejudice. Finally Ball is advised that further failures to comply with the Court orders may result in dismissal of these actions pursuant to Rule 41 of the Federal Rules of Civil Procedure. Signed by Magistrate Judge Martin C. Carlson on January 6, 2012. (kjn )
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