Walthour v. Tennis et al
| Joseph Walthour |
| Joel S. Dickson, Jeffrey Rackovan, Franklin J. Tennis, Sharon M. Burks, Harry Bower, John Stover and Barry Yarnell |
| 3:2007cv00443 |
| March 8, 2007 |
| US District Court for the Middle District of Pennsylvania |
| Scranton Office |
| Centre |
| LQ |
| Thomas I. Vanaskie |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Plaintiff |
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Filing
67
ORDER: 1) The court adopts in part and rejects in part the r and r 66 of MJ Carlson.2) Dft Yarnells mtn for summary jgmnt 47 is granted with respect to the federal Eighth Amendment claim.3) The court declines to exercise supplemental jurisdiction of Pltfs state law negligence claim pursuant to 28 U.S.C. § 1367(c)(3).4) The Clerk of Court shall enter jgmnt in favor of Dft Yarnell and against Pltf on the Eighth Amendment claim and close the file.5) It is certified that any appeal from this order will be deemed frivolousand not taken in good faith. Signed by Honorable Sylvia H. Rambo on 02/02/11 (ma, )
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Filing
28
MEMORANDUM AND ORDER 1. Pltf's motion for counsel (dkt 13,27) are denied without prejudice. 2. Pltf's motin for default/default judgment (dkt 15,21) are denied. 3. Pltf's motion in opposition to defts motion to dismiss (dkt 20 is const rued to be supplement to his brief in opposition to the motion to dismiss. The Clerk of Court is directed to make the apporpriate correction to the docket. 4. Defts motion to dismiss (dkt 17) is denied. Within 15 days from the date of this order defendants shall file another motion to dismiss or other appropriate response to the complt. Signed by Honorable Thomas I. Vanaskie on 2/4/08. (jfg)
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