Culver v. Specter et al
| Brett T. Culver |
| James Specter, Robert S. Moczulski, Health Care Administrators to SCI Mahanoy, Health Care Doctors to SCI Mahanoy, Medical Service Providers to SCI Mahanoy, Muick, Machelko and Stanitis |
| 1:2011cv02205 |
| November 29, 2011 |
| US District Court for the Middle District of Pennsylvania |
| Harrisburg Office |
| Schuylkill |
| LQ |
| 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
398
ORDER (memorandum filed previously as separate docket entry) - IT IS HEREBY ORDERED THAT: 1) Plaintiffs Motion to Amend/Correct Complaint is hereby DENIED. 2) Defendants Gustitus and Lisiaks Motion for Summary Judgment (Doc. No. 290) is GRANTED. 3) D efendant Specters Motion for Summary Judgment (Doc. No. 294) is GRANTED. 4) Corrections Defendants Motion for Summary Judgment (Doc. No. 331) is GRANTED. 5) All of Plaintiffs claims arising under state law are hereby DISMISSED for lack of jurisdiction. 6) All other pending motions (Doc. Nos. 330, 392, 395) are hereby DEEMED MOOT. 7) The Clerk of Court is directed to CLOSE this case. 305 330 294 331 290 Signed by Honorable Yvette Kane on 3/31/16. (sc)
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Filing
270
ORDER (memorandum filed previously as separate docket entry), 221 228 216 254 214 231 - IT IS HEREBY ORDERED AS FOLLOWS:1. Plaintiffs motions for summary judgment (Doc. Nos. 214, 216) are deniedwithout prejudice. 2. Plaintif fs motion for administrative order compelling medical records from Dr. Chung (Doc. No. 221) is granted only to the extent that within ten (10) days the Corrections Defendants shall advise the Court as to whether they are in possession of records from Dr. Chung concerning the evaluation and/or treatment of Plaintiff. 3. The Clerk of Court is directed to issue one (1) subpoena to Plaintiff for his use in the course of discovery in this case. 4. The Clerk shall complete the caption and case number on the blank subpoena form. 5. Plaintiff is directed to file certificates of service with the Court for the subpoena he serves, and to return to the Clerk of Court any unused subpoenas no more than ten (10) days after the termination of this lawsuit.Signed by Honorable Yvette Kane on 9/30/2014. SEE ORDER FOR ADDITIONAL INFORMATION. (sc)
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Filing
266
ORDER (memorandum filed previously as separate docket entry) - IT IS HEREBY ORDERED AS FOLLOWS: 1. Plaintiffs motions for extension of time within which to submit certificates of merit (Doc. Nos. 202, 211) are granted nunc pro tunc. The certificates of merits submitted on February 10, 2014 (Doc. No. 238) are deemed to be timely filed. 2. Defendant Specters motion to strike Plaintiffs certificate of merit with respect to the state malpractice/negligence claims against him is denied. 211 202 Signed by Honorable Yvette Kane on 9/22/14. (sc)
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Filing
263
ORDER (memorandum filed previously as separate docket entry) - IT IS HEREBY ORDERED THAT the motion for reconsideration (Doc. No. 200) is denied. 200 Signed by Honorable Yvette Kane on 8/22/14. (sc)
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Filing
246
ORDER (memorandum filed previously as separate docket entry) - IT IS HEREBY ORDERED AS FOLLOWS: 1. Plaintiffs Motion for Court Reconsideration of Dispositions to Proceedings of this Case (Doc. No. 175) is denied. 2. Defendant Specters Motion for Leav e to File Sur-Reply Brief in Opposition toPlaintiffs Motion to Compel (Doc. No. 203) is granted. The Sur-Reply briefattached by Defendant to his motion is accepted by the Court. 3. Plaintiffs Motion to Compel Discovery (Doc. No. 187) is denied. However, within fifteen (15) days from the date of this order, Plaintiff may serve a more narrow request on Defendant Specter with regard to Request for Production of Documents #4. 174 203 187 Signed by Honorable Yvette Kane on 3/11/14. (sc)
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Filing
197
MEMORANDUM AND ORDER - IT IS HEREBY ORDERED THAT the motion to dismiss filed by DefendantChipriano (Doc. No. 102) is granted with respect to all federal claims set forth againstDefendant Chipriano. Said claims are dismissed in their entirety. To the extent Plaintiff raisesstate claims against Chipriano, the Court declines to exercise supplemental jurisdiction and anysuch claims are dismissed without prejudice. 102 Signed by Honorable Yvette Kane on 9/30/13. (sc)
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Filing
160
MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that 1)The stay previously imposed is LIFTED. Pltf is required to go prose in this matter. 2)Pltf's 72 Motion to Supplement Complt is DENIED. 3)Pltf's 76 Motion for Discovery is GRANTED. 4)Pltf's 78 Motion for Court Ordered Physical Exam is DENIED. Signed by Chief Judge Yvette Kane on March 29, 2013. SEE MEMORANDUM AND ORDER FOR DETAILS. (sc)
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Filing
116
MEMORANDUM AND ORDER - IT IS ORDERED that Plaintiffs request for the appointment of counsel 77 is granted conditionally. If counsel cannot be found to represent Plaintiff, the conditional order for appointment of counsel will be revoked, and Plaint iff will be required to proceed in this case without counsel. The Clerk of Court is directed to forward a copy of this order to the Chair of the Federal Bar Associations Pro Bono Committee, Stephen M. Greecher, Jr., Esquire. Appointed counsel for Pla intiff is directed to file an entry of appearance with the Court no later than thirty (30) days from the date of this order. Resolution of all pending motions in this action will be stayed pending further notification from the Court. Signed by Chief Judge Yvette Kane on 10/11/12. Copy of this order sent on this date to Stephen Greecher, via email and First class USPS.(rc)
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Filing
115
MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that the 32 MOTION to Dismiss filed by the Corrections dfts is GRANTED IN PART and DENIED IN PART. The mtn is GRANTED w/ respect to Pltf's clms regarding the denial of his grievances and appeals. The mtn is denied in all other respects. The 44 MOTION to Dismiss filed by Medical Service Providers is GRANTED. All claims set forth against Medical Service Providers are DISMISSED in their entirety. Within 20 days from the date of this orde r, pltf shall file the required certificate of merit with respect to his medical malpractice claims against the Corrections Defts. Failure to do so will result in the dismissal of these claims w/o prejudice against said Defts. Signed by Chief Judge Yvette Kane on Oct. 9, 2012. (sc)
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Filing
81
MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that 1)Dft Specter's Motion to Dismiss is GRANTED IN PART and denied in part. The mtn is granted only to the extent that any negligence claim raised under the 8th and 14th Amendment are dismissed. The demand for relief in the cmplt to the extent that it seeks specific sums of money damages is hereby STRICKEN. 2)Within 20 days, Dft Specter shall file an answer to the clms remaining in the complt against him. 3)Pltf is required to file a certificate of merit within 20 days. 4)Dft Specter's mtn for partial sumjgm is DENIED WITHOUT PREJUDICE. 5)Pltf's mtn for exttm to file cert of merit is MOOT. 53 56 61 14 SEE ORDER. Signed by Chief Judge Yvette Kane on Aug. 14, 2012. (sc)
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Filing
80
MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that 1)Pltf's Mtns for Appt Cnsl are DENIED WITHOUT PREJUDICE. 2)Pltf's Mtn for Entry of Default is DENIED. 3)Clerk of Court is directed to add the following parties to the docket as defts in this action, Alice Chipriano, Dr. Lisiak, and Dr. Gustitus. Clerk of Court is further directed to forward a copy of Pltf's complt along with a copy of this order to the USMS for service upon those defts. 4)Dft Specter's Mtn to Strike Pltf's Sur-reply brief is GRANTED. The Clerk of Court is directed to strike the sur-reply brief 39 from the record. 35 43 39 46 48 52 59 SEE ORDER FOR ADDITIONAL DETAILS. Signed by Chief Judge Yvette Kane on Aug. 14, 2012. (sc)
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Filing
12
MEMORANDUM AND ORDER - IT IS HEREBY ORDERED THAT: 1) Plaintiff's motions for leave to proceed in forma pauperis (Doc. Nos. 2, 9) are construed as motions to proceed without full prepayment of fees and costs, and are granted. 2) Plaintiff's motion for the appointment of counsel (Doc. No. 4) is denied without prejudice. 3) The Clerk of Court is directed to forward Plaintiff's Complaint (Doc. No. 1), along with a copy of this order, to the US Marshals Service for service upon the named Defendants.Signed by Chief Judge Yvette Kane on 12/14/11. (pjr)
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