Rosa-Diaz v. Harry et al
| Gabriel Rosa-Diaz |
| Laurel Harry, B. Ritchey, Jennifer Digby, Searer, Arnold, Kluck, Boone, Misiti, Reese, Stohecker, Byrnes, Sposito, Fontane, Herig, Staley, Trojan, Koser, Swope, Bainey, Johnson, Zimmerman, Weiss, McBeth, Bloomfield, Tobias, Berfield, Snyder, Gildea, Hoerner, Fina, Barton, Line, Dianna Erickson and Hill |
| 1:2017cv02215 |
| December 4, 2017 |
| US District Court for the Middle District of Pennsylvania |
| Harrisburg Office |
| Cumberland |
| Sylvia H. Rambo |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| None |
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The following documents for this case are available for you to view or download:
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Filing
133
MEMORANDUM AND ORDER denying 131 MOTION for Recusal filed by Gabriel Rosa-Diaz. Signed by Magistrate Judge Martin C. Carlson on August 11, 2020. (kjn)
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Filing
128
MEMORANDUM ORDER re 124 Memorandum Order - IT IS THEREFORE ORDERED THAT the Court's prior order conditionally appointing counsel is VACATED. The plaintiff shall be required to continue litigating this action on his own behalf, pro se.Signed by Magistrate Judge Martin C. Carlson on July 8, 2020. (kjn)
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Filing
124
MEMORANDUM AND ORDER - 1) The plaintiffs Motions for Appointment of counsel (Docs. 118 and 122 ) are conditionally GRANTED, provided that a member of the Pro Bono panel of the Middle District of Pennsylvania Chapter of the Federal Bar Association agrees to volunteer to represent Plaintiff. Plaintiff is advised that locating pro bono counsel may take some time; he will be notified in writing of the results of the search for counsel as soon as possible. The Pro Bono Coordinator for Middle District of Pennsylvania Chapter of the Federal Bar Association shall report to the Court on the progress of identifying pro bono counsel on or before July 1, 2020. Signed by Magistrate Judge Martin C. Carlson on May 5, 2020. (kjn)
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Filing
89
MEMORANDUM OPINION AND ORDER re: 77 MOTION to Compel Discovery filed by Gabriel Rosa-Diaz. IT IS ORDERED that the pltfs motion to compel, is GRANTED as follows: Within the next 30 days the dfts are ORDERED to produce any videos, reports or ot her complaints which reveal that inmate Eric Maple complained about the condition of the cell formerly occupied by Rosa-Diaz shortly after Rosa-Diaz vacated that cell in the spring and summer of 2017, along with any videos, reports or complaints which describe the condition of this cell in the spring or summer of 2017, that are in their possession, custody or control. Signed by Magistrate Judge Martin C. Carlson on September 18, 2019. (kjn)
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Filing
78
ORDER re 77 MOTION to Compel Discovery filed by Gabriel Rosa-Diaz - IT ISORDERED that the defendants respond to this motion on or before August 7, 2019. Signed by Magistrate Judge Martin C. Carlson on July 24, 2019. (kjn)
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Filing
63
MEMORANDUM ORDER - IT IS ORDERED that the dfts will confirm the pltfs receipt of these answers to written deposition questions on or before April 1, 2019. Dfts have also moved to depose Inmate Maple. (Doc. 61 .) Pursuant to Rule 30(a) of the Federa l Rules of Civil Procedure, it is hereby ORDERED that the Motion of Dfts for Permission to take the Deposition of inmate Maple is GRANTED. Rosa-Diaz, in turn, has filed a motion to enjoin prison officials frompreventing his communication with witness es, (Doc. 59 ), and a motion to reconsider appointment of cnsl in order to facilitate discovery. (Doc. 62 .) Because these motions are unaccompanied by briefs as required by the rules of this court, and because we believe that the steps taken to facilitate discovery have been sufficient to ensure full and fair discovery for all parties, these motions are DENIED without prejudice. Signed by Magistrate Judge Martin C. Carlson on March 12, 2019. (kjn)
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Filing
52
MEMORANDUM ORDER denying 50 MOTION to Stay filed by Gabriel Rosa-Diaz. IT IS ORDERED that on or before January 11, 2019, the defendants shall respond to Rosa-Diazs discovery requests by providing complete responses to the discovery demands propounded by the plaintiff. Signed by Magistrate Judge Martin C. Carlson on December 11, 2018. (kjn)
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Filing
49
MEMORANDUM OPINION AND ORDER granting in part, and denying in part 43 MOTION to Compel Discovery filed by Gabriel Rosa-Diaz.Signed by Magistrate Judge Martin C. Carlson on December 4, 2018. (kjn)
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Filing
39
ORDER: In accord with the accompanying Memorandum 38 ; Pltf's mtn to appoint counsel 37 is Denied.Signed by Honorable Sylvia H. Rambo on 8/29/18. (ma)
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Filing
32
ORDER: 1) The report and recommendation 31 of M.J. Carlson is ADOPTED.2) The motion to dismiss 26 is DENIED with respect to the pltfs Eighth Amendment conditions of confinement claim against Dfts Digby, Harry, and Strohecker.3) The mtn to dismiss is DENIED with respect to the First Amendmentretaliation claim brought against Dft Harry.4) In all other respects and as to all other dfts, the mtn to dismissis GRANTED.5) The court will issue a separate case management order.Signed by Honorable Sylvia H. Rambo on 7/16/18. (ma)
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Filing
13
MEMORANDUM AND ORDER granting 12 MOTION to Amend/Correct 1 Complaint filed by Gabriel Rosa-Diaz / ORDER DIRECTING THE CLERK'S OFFICE TO SEND AO 398 AND 399 WAIVERS FORMS to defendants. Signed by Magistrate Judge Martin C. Carlson on February 2, 2018. (kjn)
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Filing
10
ORDER ADOPTING REPORT AND RECOMMENDATIONS 7 of MJ Carlson as follows. 1) a. The following claims are DISMISSED WITHOUT PREJUDICE to the filing of an amended complaint which addresses:i. Claims for injunctive relief;ii. Eighth Amendment claims premi sed on isolated restrictions on recreation and refusal of meals.2) All verbal harassment claims are DISMISSED WITH PREJUDICE.3) The amended complaint shall comply with the instructions of the magistratejudge and shall not misjoin defendants and claim s (see Doc. 7, pp. 9-11).4) Pltf shall have 20 days from the date of this order to file an amendedcomplaint or new complaints that comply with Civil Rules of Procedure 8and 20.5) This matter is remanded to the magistrate judge.Signed by Honorable Sylvia H. Rambo on 1/4/18. (ma)
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