Mobley v. Wetzel et al
| Gerry Mobley, Jr. |
| John Wetzel, Tabb Bickell, Traci Parkes, Christopher Oppman, Garman, Eckard, Philip Shoaf, Christa Rescigno, Jennifer Trimai, Luis Araneda, Ronald Long, Marty Cole, Michael Gomez, Joseph Tavares, Joseph Migliore, Conrado Agra, Kathe Kozak, Mary Showalter, Paula Price, Angela Dively, Tanya Chew, Dana Keith, Heather Weidel, Michelle Harker, Melanie Wagman, Michael Feathers, Kennie Williams, Ann Hoffmaster, Patti Stover, Dorina Varner, John Roth, Thomas Shower, Gregory Jabbour, Hriebe and Jane Doe, |
| 1:2014cv00035 |
| January 10, 2014 |
| US District Court for the Middle District of Pennsylvania |
| Harrisburg Office |
| Huntingdon |
| William W. Caldwell |
| Susan E. Schwab |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Filing
180
ORDER: In accord with the accompanying Memorandum 179 ; 1. The M.J.'s R and R 178 is adopted.2. The mtn for summary jgmnt 163 of the Corrections Dfts (Garman, Bickell, Price, Wetzel, Showalter, and Eckard) is granted.3. The mtn for summary jgmnt 170 of dfts Keith and Parkes is granted.4. The Clerk of Court shall enter judgment in favor of all the above-mentioned dfts and against Pltf.5. The Clerk of Court shall close this file.Signed by Honorable William W. Caldwell on 8/8/17. (ma)
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Filing
157
ORDER: 1. MJ Schwab's R and R 154 is adopted.2. The mtn 138 to dismiss filed by Dft Roth is granted, and Roth is dismissed from this action.3. The mtn 135 to dismiss filed by Dfts Hreibe and Jabbour is granted, and these dfts are dismisse d from this action.4. The mtn 132 to dismiss filed by Dfts Bickell, Oppman, Garman, Eckard, Kozak, Price, Weidel, Harker, Wagman, Feathers, Williams, Hoffmaster, Showalter, Stover, Wetzel, Varner, and McCorkle is granted in part anddenied in part.5 . With respect to Dfts Oppman, Kozak, Weidel, Harker, Wagman, Feathers, Williams, Hoffmaster, Stover, Varner, and McCorkle, the motion 132 is granted, and these dfts are dismissed from this action.6. With respect to Dfts Bickell, Garman, Eckard, Pr ice, Showalter, and Wetzel, the motion 132 is denied.7. Mobleys Eighth Amendment conditions-of-confinement claim will proceed against Dfts Bickell, Garman, Eckard, Price, Showalter, and Wetzel.8. The mtn to dismiss 131 filed by Dfts Long, Dively, Gomes, Keith, Parkes, and Trimai is granted in part and denied in part.9. With respect to Dfts Long, Dively, Gomes, and Trimai, the mtn 131 is granted, and these dfts are dismissed from the action.10. With respect to Keith and Parkes, the mtn [131 ] is denied. Mobleys First Amendment Retaliation claim against Keith will proceed, and Mobleys Eighth Amendment medical claim against Parkes will proceed.11. Pltfs state-law negligence claim against Bickell and Wetzel is dismissed.12. This action is remanded to MJ Schwab for further disposition. Signed by Honorable William W. Caldwell on 3/31/16. (ma)
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Filing
125
ORDER: 1. Magistrate Judge Schwabs Report and Recommendation 124 is ADOPTED.2. The Mtn to Dismiss filed by Dfts Keith and Trimai 65 is GRANTED.3. Pltfs complaint is DISMISSED WITHOUT PREJUDICE. Pltf is granted leave to file a final amended compla int that is consistent with the contents of the R and R.4. The remaining mtns to dismiss 67 , 68 , 92 , 103 are DENIED asmoot.5. Pltfs Mtn for Default Judgment 90 is DENIED as moot.6. This matter is remanded to MJ Schwab for further proceedings.Signed by Honorable William W. Caldwell on 03/31/15. (ma)
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