White v. Wireman et al
| Ivan White |
| Darrell Wireman, Morris L. Houser, Ulrich Klemm, Shawn Kephart, James Eckard, Angela Duvall, Ray Kunkle, Ron Smith and Department of Corrections |
| 1:2016cv00675 |
| April 22, 2016 |
| U.S. District Court for the Middle District of Pennsylvania |
| Harrisburg Office |
| Huntingdon |
| William W. Caldwell |
| Joseph F. Saporito |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| Defendant |
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The following documents for this case are available for you to view or download:
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Filing
174
ORDER (memorandum filed previously as separate docket entry), Motions terminated: 136 MOTION in Limine Granted in part and denied in part, 145 MOTION in Limine denied in part and reserved in part, 139 MOTION in Limine is Denied 141 MOTION in Limine is Granted, 143 MOTION in Limine is Denied. (See order for full details).Signed by Honorable Malachy E Mannion on 11/10/20. (bs)
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Filing
132
ORDER (memorandum filed previously as separate docket entry), Adopting both 65 127 REPORT AND RECOMMENDATIONS; Granting in Part and Denying in Part deft's 43 MOTION for Partial Summary Judgment Smith, Ray Dunkle, James Eckard, Sha wn Kephart, Department of Corrections, Angela Duvall, Granting in Part and Denying in Part defts' 112 MOTION for Summary Judgment. By separate order, a trial date will be set on the remaining counts. Signed by Honorable Malachy E Mannion on 2/21/20. (bs)
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Filing
93
MEMORANDUM ORDER - IT IS ORDERED that counsel shall file a notice ofappearance in compliance with our prior order by the close of business on January 3, 2019. Signed by Magistrate Judge Martin C. Carlson on January 3, 2018. (kjn)
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Filing
87
REVISED MEMORANDUM ORDER re 86 Memorandum ORDER. Signed by Magistrate Judge Martin C. Carlson on December 18, 2018. (kjn)
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Filing
71
MEMORANDUM ORDER denying 66 MOTION for Reconsideration. Signed by Magistrate Judge Martin C. Carlson on October 29, 2018. (kjn)
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Filing
64
MEMORANDUM ORDER - IT IS ORDERED that the praecipe to withdraw as counsel inthis case, (Doc. 63 ), is VACATED, and if counsel wishes to withdraw fromrepresentation in this case counsel should file a motion seeking leave to withdraw on or before October 24, 2018. Signed by Magistrate Judge Martin C. Carlson on October 11, 2018. (kjn)
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Filing
62
MEMORANDUM ORDER - 1. The defendants motion to depose the inmate plaintiff, (Doc. 53 ), is GRANTED. 2. The plaintiffs motion for a stay of discovery isDENIED, (Doc. 55 ), and the plaintiffs motion to compel discovery in aid of the motion to stay discovery, (Doc. 60 ), is DENIED as both premature and potentially moot. Signed by Magistrate Judge Martin C. Carlson on October 10, 2018. (kjn)
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Filing
34
ORDER ADOPTING REPORT AND RECOMMENDATIONS ; Judge Carlson's report (Doc. 33) is ADOPTED. Defendants' motion to dismiss (Doc. 28) for failure to state a claim upon which relief can be granted is GRANTED in part and DENIED in part.ORDER REFERRING CASE to Magistrate Judge Martin C. Carlson; 28 33 (See order for full details).Signed by Honorable Malachy E Mannion on 3/12/18. (bs)
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Filing
32
MEMORANDUM AND ORDER dimsimming 21 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM as MOOT. We will by a separate Report and Recommendation address the pending motion to dismiss the plaintiffs second amended complaint. Signed by Magistrate Judge Martin C. Carlson on February 8, 2018. (kjn)
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Filing
18
ORDER: Upon consideration of the R and R 13 of MJ Saporito, Jr.: (1) Dfts mtn to dismiss 5 is GRANTED IN PART and DENIED IN PART.(2) Pltfs claims in Counts 2, 3, 4, 9, and 10 of the complaint are DISMISSED for failure to state a claim upon which relief can be granted, pursuant to FRCP 12(b)(6).(3) All claims in Count 1 as to dft Smith are DISMISSED for failure to state a claim upon which relief can be granted, pursuant to 42 U.S.C. § 1997e(c)(1).(4) Pltfs § 1981 claims in Count 1 a re DISMISSED as to dfts Duvall and Eckard for failure to state a claim upon which relief can be granted, pursuant to FRCP 12(b)(6).(5) Pltfs First Amendment Free Speech Clause retaliation claim in Count 1 is DISMISSED as to dfts Duvall and Eckard for failure to state a claim upon which relief can be granted, pursuant to FRCP 12(b)(6).(6) Pltfs First Amendment Free Speech Clause claim in Count 1 regarding interference with atty communication may proceed as stated against dfts Duvall and Eckard.(7 ) Pltfs claims in Counts 5, 6, 7, 8, and 11 may proceed as stated in the complaint.(8) Pltf is granted leave to amend any and all dismissed claims or portions thereof. Pltf shall file his amended complaint within (21) days of the date of this order.(9) This matter is REMANDED to MJ Joseph F. Saporito, Jr. for further proceedings.Signed by Honorable William W. Caldwell on 5/19/17. (ma)
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