Fattah v. John Doe #1 et al
| Abdel Fattah |
| John Doe #1, Kelly A Mitra, Cynthia L Daub, Jeffrey Beard, John Doe #2, John Doe #3, John Doe #4 and Mary Sabol |
| 3:2010cv01607 |
| August 3, 2010 |
| US District Court for the Middle District of Pennsylvania |
| Scranton Office |
| Centre |
| A. Richard Caputo |
| Martin C. Carlson |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Plaintiff |
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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
225
ORDER (memorandum filed previously as separate docket entry) - IT IS HEREBY ORDERED that Defendant's 216 Motion to Dismiss Notice of Appeal is DENIED. Plaintiff's 219 Motion to Amend/Correct Notice of Appeal is DENIED. Signed by Honorable Matthew W. Brann on 9/15/2020. (jr)
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Filing
212
ORDER (memorandum filed previously as separate docket entry). (1) The Report and Recommendation 204 is ADOPTED. (2) Defendant, Dr. Symons Motion for Summary Judgment 154 is GRANTED. (3) Judgment is ENTERED in favor of Dr. Symons and AGAINST Plaintiff, Abdel Fattah on both remaining counts, Count I and Count III. (4) The Clerk of Court is directed to mark the case as CLOSED.Signed by Honorable A. Richard Caputo on 2/12/20. (dw)
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Filing
206
ORDER ADOPTING REPORT AND RECOMMENDATIONS ; granting 155 Motion for Summary Judgment; adopting 202 Report and Recommendations.Signed by Honorable A. Richard Caputo on 12/18/19. (dw)
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Filing
145
ORDER: IT IS HEREBY ORDERED that: (1) Magistrate Judge Saporito's Report and Recommendation (Doc. 134) is ADOPTED in part and REJECTED in part. (2) Defendant Symons' Motion to Dismiss is DENIED. (3) Defendant Symons and other remaining defendants are directed to respond to the Third Amended Complaint within 14 days. (4) The action is recommitted to Magistrate Judge Saporito for further proceedings. Signed by Honorable A. Richard Caputo on 11/4/16. (jam)
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Filing
116
ORDER ADOPTING REPORT AND RECOMMENDATIONS. IT IS HEREBY ORDERED that:(1)Magistrate Judge Saporitos Report and Recommendation (Doc. 105) is ADOPTED.(2)Defendant John T. Symons Motion to Dismiss the Second Amended Complaint (Doc. 81) is GRANTED.(3)Plaintiff is granted twenty-one (21) days from the date of entry of this Order to file a third amended complaint. (4)The action is RECOMMITTED to Magistrate Judge Saporito for further proceedings.Signed by Honorable A. Richard Caputo on 9/16/15. (jam)
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Filing
61
ORDER ADOPTING REPORT AND RECOMMENDATIONS: IT IS HEREBY ORDERED that:(1)The Report and Recommendation (Doc. 60) is ADOPTED in its entirety.(2)Plaintiff may PROCEED with his Eighth Amendment constitutional claims under § 1983, i.e., denial of p roper medical care and conditions of confinement claims (First and Third Causes of Action), only as against Defendants Rackovan, Somich, Granlund, and Dr. Symonds. (3)The matter is RECOMMITTED to Magistrate Judge Blewitt for further proceedings. Signed by Honorable A. Richard Caputo on 2/13/14. (jam)
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Filing
51
ORDER ADOPTING REPORT AND RECOMMENDATIONS: IT IS HEREBY ORDERED that:(1)The Report and Recommendation (Doc. 37) is ADOPTED. The action is DISMISSED pursuant to Rule 41(b) of the Federal Rules of Civil Procedure.(2)Plaintiff Abdel Fattahs Motion to T ransfer Action (Doc. 40) with respect to the claims against the South Carolina Defendants is DENIED as moot as the claims against these Defendants were previously dismissed without prejudice so they could be filed in the proper district court. (Doc. 17, December 13, 2010 Memorandum and Order, at 5, 9.)(3)The Clerk of Court is directed to mark the case as CLOSED.Signed by Honorable A. Richard Caputo on 4/24/13. (jam)
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Filing
35
ORDER re 34 Memorandum (Order to follow as separate docket entry), ORDER ADOPTING REPORT AND RECOMMENDATIONS: IT IS HEREBY ORDERED that:(1) The Report and Recommendation (Doc. 25) is ADOPTED.(2)All claims against the following Defendants are DISMIS SED with prejudice: Mary Sabol; Jeffrey Beard; Thomas Decker; Deputy Warden Buono; Joseph Sallemi; Kelly Mitri; Jennifer Miosi; Jesse Wildner; Brendan Quinlan; Mark Graham; Matthew Klienman; Dennis Becotte; Corrections Officer Yeager; Corrections Off icer Sutton; Corrections Officer Evans; Corrections Officer March; and Nurse Somich. These Defendants are DISMISSED from the action entirely.(3) Plaintiffs Second, Fourth, Fifth, Sixth, Seventh, and Eighth Causes of Action against Defendants Rackova n, Somich, Granlund, and Dr. Symonds are DISMISSED with prejudice. Plaintiff may proceed with the First Cause of Action (Eighth Amendment denial of medical care claim) and Third Cause of Action (Eighth Amendment conditions of confinement claim) as t o these Defendants.(4)Plaintiff is granted twenty-one (21) days to amend the Amended Complaint to allege exhaustion of Plaintiffs administrative remedies.(5)This case is RECOMMITTED to Magistrate Judge Blewitt for further proceedings. Signed by Honorable A. Richard Caputo on 3/23/12. (jam, )
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Filing
17
MEMORANDUM ORDER granting 2 Motion for Leave to Proceed in forma pauperis; adopting Report and Recommendations re 8 Report and Recommendations. IT IS HEREBY ORDERED that the Magistrate Judges Report and Recommendation is ADOPTED as follows:(1) Pl aintiffs in forma pauperis Motion is granted. (2) Plaintiffs Eighth Amendment claims against the owner, the director, and the medical director of the CCC are dismissed.(3) Plaintiffs claims challenging his detainment by ICE and the length of his deta inment are dismissed with prejudice.(4) Plaintiffs claims against Defendants Beard and Daube are dismissed with prejudice.(5) Plaintiffs claim that John Doe #1 illegally detained him in ICE custody an extra six months is dismissed with prejudice. (6) Plaintiffs claims against John Doe #1 DHS Director and Defendant Mitra are dismissed with prejudice. (7) Plaintiffs Eighth and First Amendment claims against Defendant Sobol are dismissed without prejudice.Signed by Honorable A. Richard Caputo on 12/13/10 (jam, )
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