Daughtry v. Lappin et al
| Gil Daughtry |
| PA Webber, D Spotts, Harley Lappin, Harrell Watts, J.L. Norwood, William A. Scism, AW Sauers and Jay Miller |
| 1:2011cv02210 |
| November 29, 2011 |
| US District Court for the Middle District of Pennsylvania |
| Harrisburg Office |
| Adams |
| Sylvia H. Rambo |
| Civil Rights |
| 28 U.S.C. ยง 1331 |
| None |
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Filing
75
ORDER re. Memorandum 74 . 1) The court rejects the r and r 56 of MJ Smyser.2) The complaint is dismissed as moot.3) The Clerk of Court shall close the file.4) It is certified that any appeal will be deemed frivolous and not takenin good faith.Signed by Honorable Sylvia H. Rambo on 11/28/12. (ma)
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Filing
74
MEMORANDUM: On 8/21/12, the MJ to whom this matter was referred filed a report 56 recommending that Dfts mtn for summary judgment be denied. On 9/4/12, Dfts filed objections to the mjs r and r 57 & 58 ). One objn set forth by Dfts was that the c omplaint should be dismissed as moot. Thebasis for the underlying suit is that Dfts denied Pltf cataract surgery onhis right eye. That surgery was performed on 8/13/12. Pltf requested that a stay of the proceedings be granted as he was in transit and did not have his file to respond to Dfts objns to the r and r. By order dated 9/27/12 68 , this court denied the mtn to stay proceedings but gave Pltf until 10/15/12 to respond to the mootness issue. To date, no response has been received. An appropriate order will be issued.Signed by Honorable Sylvia H. Rambo on 11/27/12. (ma)
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