Michtavi v. Scism et al
| Shemtov Michtavi |
| US Public Health Services, William Scism, J. Miller, D Spotts, K Mutchler, M Magyar, UNITED STATES OF AMERICA, Chopra and John Does #1 to #5 |
| 1:2012cv01196 |
| June 22, 2012 |
| US District Court for the Middle District of Pennsylvania |
| Harrisburg Office |
| Union |
| John E. Jones |
| Civil Rights |
| 28 U.S.C. ยง 1331 |
| None |
Follow case documents by RSS
Available Case Documents
The following documents for this case are available for you to view or download:
| Document Text |
|---|
Filing
92
MEMORANDUM (Order to follow as separate docket entry) re 90 MOTION to Stay filed by William Scism, J. Miller, D Spotts. Signed by Magistrate Judge Karoline Mehalchick on 1/8/2015. (cw)
|
|
Filing
82
ORDER 1. The Report and Recommendation (Doc. 78) of Magistrate JudgeMehalchick is ADOPTED in part and REJECTED in part to the following extent:a. The Defendants Motion for Summary Judgment (Doc. 58) is DENIED with respect to Plaintiffs Eighth Amendm ent deliberate indifference claim against Defendants Scism, Spotts and Dr. Miller. b. Defendant Mutchler is DISMISSED as a party to this action and the Clerk shall TERMINATE Defendant Mutchler fromthe docket. 2. This matter is REMANDED to Magistrate Judge Mehalchick for pretrial management. (eo)
|
|
Filing
38
ORDER- 1. The Report and Recommendation (Doc. 31) of Magistrate JudgeBlewitt is ADOPTED in part and REJECTED in part to the following extent:a. All claims for money damages against the Defendants in their official capacities are DISMISSED. b. Plainti ffs Bivens claims against Defendant Dr. Chopra are DISMISSED. Dr. Chopra shall be TERMINATED as a party to this action.c. Plaintiffs Bivens claims against U.S. Public Health Service are DISMISSED. In the event Plaintiff ascertains the identity of a p otential individual defendant who was employed by both USPHS and the BOP and involved in the wrongdoings against him that Plaintiff alleges, he may seek leave to add claimsagainst such an individual to this action. d. Plaintiffs FTCA claims against U .S. Public Health Services and employees thereof are DISMISSED. These claims shall be pursued as against the United States. e. Plaintiffs FTCA medical negligence/malpractice claims are DISMISSED for failure to file a COM. f. Claim II is DISMISSED as against Dr. Chopra only. g. Claims III and IV are DISMISSED with leave to amend. h. Plaintiffs requests for declaratory judgment with respect to past conduct of the Defendants are dismissed. 2. The Plaintiff shall file an amended complaint in conformity with the rulings hereinabove within thirty (30) days of the date of this Order. 3. This matter is REMANDED to Magistrate Judge Blewitt for pre-trial management. (eo)
|
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Pennsylvania Middle District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
