Stewart v. Varano et al
| Carl T. Stewart, Jr. |
| David A. Varano, Vincent Mooney, Anthony Luscavage, Mike Miller, Ronda Ellett, Jeffrey Beard, John E. Wetzel, George Miller, Dorina Varner, Keri Moore, Kathryn McCarty, L.S. Kerns-Barr, Kandis Dascani, Trish Kelley, Jennifer Daya, Chris T Yackiel, Karen Kaskie, Fox, John P Sidler, Thomas Williams, Charles Custer, Michael Farrell, Dr. Weisner, Doctor Stanish, Charles Stetler, Scicchatano, W.P. Miller, Symon, Folk, George Burns, Fago, L.T. Masser, D.A. Smith, Felix, Novalis, Brownawell, Wiseman, C.O. Klembara, Carpenter, Lahr, Waldman and C.O. Kitchen |
| 1:2013cv02518 |
| October 7, 2013 |
| U.S. District Court for the Middle District of Pennsylvania |
| Harrisburg Office |
| Northumberland |
| Karoline Mehalchick |
| Sylvia H. Rambo |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| 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
204
MEMORANDUM re MOTION for Reconsideration 203 (Order to follow as separate docket entry) Signed by Honorable Sylvia H. Rambo on 10/12/16. (ma)
|
|
Filing
202
ORDER: In accord with the Memorandum 201 filed this date; 1) The Report and Recommendation of M.J. Mehalchick 196 is adopted;2) Dfts mtn for summary judgment 165 is GRANTED, and all claims against Corizon Health Services, Jennifer Daya, Stanley Stanish, and Michael Weisner are dismissed with prejudice;3) Dfts David A. Varano, Vincent Mooney, Mike Miller, Jeffrey Beard, John E. Wetzel, George Miller, Dorina Varner, Waldman, John P. Sidler, Charles Custer,Novalis, Brownawell, Wiseman, Symon, George Burns, Felix, and Kerns-Barr are terminated from this action, as they have been effectively omitted from the amended complaint;4) Pltfs mtn to produce body for court 194 is DENIED AS MOOT; and5) The Clerk of Court shall CLOSE this case.Signed by Honorable Sylvia H. Rambo on 9/6/16. (ma)
|
|
Filing
159
ORDER: In accord with the Memorandum 158 filed this date; 1) The court adopts the report and recommendation of Magistrate JudgeMehalchick 153 .2) Pltfs mtn for a tro 148 is DENIED.3) This matter is remanded to Magistrate Judge Mehalchick.Signed by Honorable Sylvia H. Rambo on 08/11/15. (ma)
|
|
Filing
137
ORDER: In accord with the Memorandum 136 ; 1) The court adopts the report and recommendation 131 of MJ Mehalchick.2) The request for a preliminary injunction 125 on the issue of production ofStewarts legal material is denied as to the medical defendants, Weisner, Stanish, and Daya.3) This case is remanded to MJ Mehalchick.Signed by Honorable Sylvia H. Rambo on 04/08/15. (ma)
|
|
Filing
101
ORDER: 1) The court adopts the 6/2/14 r and r of the MJ 87 as follows:a) Pltfs mtns for injunctive relief related to his confinement at SCI-Coal Township 16 & 31 are DENIED; andb) Pltfs mtns for default judgment 37 & 60 are deemed improperl y filed and are DENIED.2) The court adopts in part the recommendations contained in the 6/5/14 r and r of the MJ 88 , as follows:a) The Department of Corrections Dfts mtn to dismiss 35 is GRANTED with prejudice as to Pltfs claims arising out of hi s grievances against Dfts David A. Varano, Kerri Moore, Trish Kelley, Christ T. Yackiel, Anthony Luscavage, andKandis Dascini for lack of personal involvement.b) The Department of Corrections Dfts mtn to dismiss 35 is GRANTED with prejudice as to P ltfs claim against Michael Farrell related to Pltfs prison employment.c) The Department of Corrections Dfts mtn to dismiss 35 is GRANTED without prejudice and with leave to amend the complaint as to:i) Pltfs claim against Dft David A. Varano for ha rassment;ii) Pltfs claims against Dfts Vincent Mooney, Mike Miller, Jeffrey Beard, John E. Wetzel, George Miller, Dorina Varner, and Waldman;iii) Pltfs claims against John P. Sidler and Charles Custer;iv) Pltfs claims against Novalis, Brownawell, and Wiseman for their role in a medical examination;v) Pltfs claims against Symon for covering up an incident where metal was found in Pltfs meal;vi) Pltfs claims against George Burns;vii) Pltfs claims against Felix; andviii) Pltfs claim against Kerns-B arr for violation of his procedural due process rights.d) The mtn to dismiss of Dfts Michael Weisner, Stanley Stanish, and Jennifer Kaya (Medical Defendants) 57 is GRANTED without prejudice and with leave to amend the complaint as to these Dfts and Corizon Health Care Services as toPltfs Eighth Amendment claim and malpractice and negligence claims.e) The amended complaint permitted as to the claims and the dfts identified above in paragraphs (2)(c) and (2)(d) shall be complete in all respects as to all dfts and all claims allowed to remain in this case. It shall be a new pleading which stands by itself as an adequate complaint without reference to the complaint already filed. Soto v. Jeffes, M.D. Pa. Civil No. 76-1155 (Memorandum and Orde r, Nealon, C.J., March 9, 1977), at 3. The amended complaint shall also be "simple, concise, and direct" as required by the Rules of Civil Procedure. Fed. R. Civ. P. 8(e)(1). The amended complaint shall alsohave attached thereto a certifica te of merit in support of Pltfs medical malpractice/negligence claims or otherwise a statement as to why an expert should be excused. Said amended complaint shall be filed no later than 10/20/14.f) Pltfs mtn to supplement the complaint against Medica l Dfts Weisner, Stanish, Daya or Corizon Health Care Services 72 is DENIED in light of the fact that Pltf has been granted leave to amend the complaint against these dfts.g) Pltfs mtn to file a supplemental complaint against Mutual Pharmaceuticals; OHM Laboratories, Inc.; Diamond Pharmacy Services; and Aurobindo Pharma USA, Inc. 72 is DENIED; nor shall Dft add these entities in any amended complaint.h) The recommendation of the MJ that Karen Kaskies mtn to dismiss 33 be granted without pre judice but without leave to amend based on Pltfs failure to exhaust administrative remedies is rejected only as to the recommendation that dismissal be without prejudice. The motion 33 is GRANTED and Karen Kaskie is dismissed with prejudice.i) Pltfs request for forms is denied.3) This case is remanded to MJ Mehalchick.Signed by Honorable Sylvia H. Rambo on 08/20/14. (ma)
|
|
Filing
99
ORDER (memorandum filed previously as separate docket entry). IT IS HEREBY ORDERED that Plaintiff's motion for an extension of time to file his objections to the Report and Recommendation of the Magistrate Judge is GRANTED IN PART. Plaintiff shall file objections to the Report and Recommendation no later than 8/15/14. Plaintiff is advised that no additional extensions of time will be granted.Signed by Honorable Sylvia H. Rambo on 7/30/14. (aaa)
|
|
Filing
90
ORDER (memorandum filed previously as separate docket entry) - ORDERED as follows: 1. Plaintiffs motions for appointment of counsel (Doc. 37; Doc. 62; Doc. 73; Doc. 84) are DENIED without prejudice. 2. Plaintiffs motion to join Defendants Schooley and Shipe is DENIED as moot. (Doc. 30). The Clerk of Court is directed to issue process to the United States Marshal, who shall serve Plaintiffs complaint (Doc. 1) upon Defendants Schooley and Shipe in accordance with Rule 4 of the Federal Rules of C ivil Procedure in order for Defendants Schooley and Shipe to respond to Plaintiffs claims. The Clerk is further directed to add these Defendants to the docket sheet. 3. Plaintiffs motion for an extension of time to file a sur-reply brief (Doc. 84) is DENIED. 4. The Clerk is DIRECTED to mail a copy of the docket sheet to the Plaintiff. (Doc. 37). Signed by Magistrate Judge Karoline Mehalchick on 6/5/2014. (cw)
|
|
Filing
15
ORDER (memorandum filed previously as separate docket entry) - Plaintiff's Motion for Reconsideration (Doc 12) IT IS HEREBY ORDERED that, for the reasons set forth in the Memorandum filed concurrently with this Motion, the motion is DENIED. Signed by Magistrate Judge Karoline Mehalchick on 11/6/2013. (cw)
|
Use the links below to access additional information about this case on the U.S. 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.
