Sears v. McCoy et al
| Richard Sears |
| Donte McCoy, A. Peters, J. Eveland, Brian Carpentier, Sciochitana, E. Baumbach, Anthony Luscavage, Vincent Mooney and Dorina Varner |
| 1:2017cv00869 |
| May 16, 2017 |
| US District Court for the Middle District of Pennsylvania |
| Harrisburg Office |
| Northumberland |
| RM |
| Yvette Kane |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
73
ORDER - In accord with the accompanying Memorandum 72 : 1. Pltfs surviving First Amendment retaliation claims against Dft Dante McCoy (Defendant McCoy) are DISMISSED WITH PREJUDICE;2. The Clerk of Court is directed to ENTER JUDGMENT in favor of Dft McCoy and against Pltf on Pltfs state law tort claims, see (Doc. No. 62 1(b)); and3. The Clerk of Court is directed to CLOSE this case. Signed by Honorable Yvette Kane on 11/30/23. (ma)
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Filing
62
ORDER (memorandum filed previously as separate docket entry 61 ) - AND NOW, on this 26th day of January 2021, in accordance with the Memorandum issued concurrently with this Order, IT IS ORDERED THAT: 1. Defendant McCoys motion for summary judgment (Doc. No. 48 ) is GRANTED IN PART and DENIED IN PART as follows: a. The motion (Doc. No. 48) is DENIED with respect to Plaintiffs First Amendment retaliation claim; b. The motion (Doc. No. 48) is GRANTED with respect to Plaintiffs remaining state la w tort claims, and the Clerk of Court is directed to defer the entry of judgment in favor of Defendant McCoy on these claims until the conclusion of the above-captioned proceedings; and 2. Within twenty-one (21) days of the date of this Order, the parties are directed to provide a joint status report to the Court addressing whether they are amenable to the Court referring the above-captioned case to mediation. Signed by Honorable Yvette Kane on 1/26/21. (dmn)
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Filing
39
ORDER (memorandum filed previously as separate docket entry 38 ) - AND NOW, on this 27th day of June 2019, in accordance with the Memorandum issued concurrently with this Order, IT IS ORDERED THAT: 1. Defendant McCoys motion for summary judgment (Do c. No. 20) is GRANTED; 2. The Clerk of Court is directed to enter judgment in favor of Defendant McCoy and against Plaintiff Richard Sears as to all remaining counts in Plaintiffs complaint (Doc. No. 1); and 3. The Clerk of Court is directed to CLOSE the above-captioned case.Signed by Honorable Yvette Kane on 6/27/19. (dmn)
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Filing
6
ORDER (memorandum filed previously as separate docket entry),IT IS ORDERED THAT:1. Plaintiffs motion 2 to proceed in forma pauperis is construed as a motion to proceed without full prepayment of the filing fee and is GRANTED; 2. All claims set fort h against Defendants Peters, Eveland, Carpentier, Sciochitana, and Varner are DISMISSED WITH PREJUDICE pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii) without leave to file an amended complaint, as the Court finds that such amendment would be futile. The Clerk of Court shall terminate these Defendants from this action; 3. Plaintiffs verbal abuse claim against Defendant McCoy is DISMISSED WITH PREJUDICE; 4. Defendants Baumbach and Luscavage are DISMISSED WITHOUT PREJUDICE and Plaintiff is granted thirty (30) days leave to amend in accordance with the accompanying Memorandum; 5. Plaintiff is granted leave to file an amended complaint within thirty (30) days from the date of this Order...6. The Court will defer service of the complaint for thir ty (30) days. If Plaintiff files an amended complaint, it will supersede the original complaint as set forth above. If Plaintiff fails to file an amended complaint within thirty (30) days of the date hereof, the Court will direct service of the original complaint on remaining Defendant McCoy. Signed by Honorable Yvette Kane on 9/12/17. (rw)
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