Ndaula v. Clinton County Correctional Facility et al
||August 7, 2020
||US District Court for the Middle District of Pennsylvania
|Nature of Suit:
||Prisoner: Civil Rights
|Cause of Action:
||42:1983 Civil Rights Act
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|February 17, 2021
ORDER - In accord with the accompanying Memorandum 33 : 1. Pltfs mtn for reconsideration 28 is DENIED;2. Pltfs mtn for an extt 32 to file a reply brief is DENIED AS MOOT; and3. Pltff and Dfts CCCF and Clinton County are directed to complete discovery by 7/5/21. Signed by Honorable Sylvia H. Rambo on 2/17/21. (ma)
|December 30, 2020
ORDER - In accord with the accompanying Memorandum 25 : 1. The mtn to dismiss 19 filed by Dfts Clinton County, CCCF, Hoover, and Kormanic is GRANTED IN PART and DENIED IN PART, as follows:a. GRANTED with respect to Pltfs § 1983 claims against these Dfts;b. DENIED with respect to Pltfs ADA claim against Dfts Clinton County and CCCF;2. The mtn to dismiss 23 filed by Dfts Well Path Care and Bainey is GRANTED in its entirety;3. Because the Court has resolved Pltfs claims against them, and because Pltf is not given leave to file a second amended complaint, Dfts Hoover, Kormanic, Bainey, and Well Path Care are DISMISSED, and the Clerk of Court is DIRECTED to terminate them as Dfts in this action;4. The above-captioned case will proceed as to Pltfs ADA claim against Dfts Clinton County and CCCF;5. Dfts Clinton County and CCCF are directed to file an answer to the amended complaint 13 within (14) days of the date of this Order; and6. The parties are directed to complete discovery within (6) months of the date on which Dfts Clinton County and CCCF file their answer. Signed by Honorable Sylvia H. Rambo on 12/30/20. (ma)
|August 7, 2020
ORDER - In accord with the accompanying Memorandum 7 : 1. Pltfs mtn for leave to proceed ifp 6 is GRANTED;2. The complaint 1 is DEEMED FILED;3. Pltfs § 1983 claims against CCCF and his ADA claims against the individual Dfts and Well Path Ca re are DISMISSED WITH PREJUDICE for failure to state a claim upon which relief may be granted. Pltfs § 1983 claims against the individual Dfts and Well Path Care are DISMISSED WITHOUT PREJUDICE for failure to state a claim upon which relief may be granted;4. Pltf may file an amended complaint with respect to his § 1983 claims against the individual Dfts and Well Path Care within (30) days of the date of this Order. If Pltf elects to file an amended complaint, Pltf is advised to adhere to the standards set forth in the FRCP and the directives set forth by this Courtin its accompanying Memorandum. Specifically, the amended complaint must be complete in all respects. It must be a new pleading which stands by itself without reference to the original complaint or any other documents already filed. The amended complaint should set forth Pltfs claims in short, concise and plain statements as required by Rule 8 of the FRCP. Importantly, should Pltf elect to file an amended complaint, he must re-plead every cause of action in the amended complaint that the Court has found to be adequately plead in the current complaint because the amended complaint will supersede the original complaint. Because an amended complaint supersedes the original pleading, all causes of action alleged in the original complaint which are not alleged in anamended complaint are waived. Accordingly, Pltfs amended complaint must also set forth his ADA claims against CCCF should he wish to proceed upon th em as well. Pltf may not amend his § 1983 claims against CCCF and his ADA claims against the individual Dfts and Well Path Care;5. The Clerk of Court is directed to mail Pltf a civil rights complaint form; and6. The Court will defer service of t he complaint for (30) days. If Pltf files an amended complaint, it will supersede the original complaint as set forth above. If Pltf fails to file an amended complaint within (30) days of the date hereof, the Court will direct service of the original complaint on CCCF. Signed by Honorable Sylvia H. Rambo on 8/7/20. (ma)
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