Thomas v. Palakovich et al
| Daryl Thomas |
| John Palakovich, Mary Sabol, Doctor Vonkiel, Meghann C. Centeno and Doctor Nicholas Schaff |
| 3:2011cv02172 |
| November 21, 2011 |
| US District Court for the Middle District of Pennsylvania |
| Scranton Office |
| Cumberland |
| Thomas M. Blewitt |
| A. Richard Caputo |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Filing
17
ORDER ADOPTING REPORT AND RECOMMENDATIONS for 16 Report and Recommendations,, ORDER DISMISSING CASE. IT IS HEREBY ORDERED that:(1)The Report and Recommendation (Doc. 16) is ADOPTED.(2)Plaintiffs Complaint (Doc. 1) is DISMISSED WITH PREJUDICE.(3)The Clerk of Court is ordered to mark this matter as CLOSED. Signed by Honorable A. Richard Caputo on 7/18/12. (jam, )
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Filing
14
ORDER re 13 Memorandum (Order to follow as separate docket entry), Memorandum (Order to follow as separate docket entry):IT IS HEREBY ORDERED THAT the Report and Recommendation (Doc. 9) is ADOPTED in part and REJECTED in part as follows.(1) Plainti ffs Motion for Leave to Proceed In Forma Pauperis is GRANTED.(2) The following claims in Plaintiffs Complaint are DISMISSED:(a) Plaintiffs Eighth Amendment claims against Warden Palakovich and Warden Sabol;(b) Plaintiffs Fifth and Fourteenth Amendmen t claims;(c) Plaintiffs medical malpractice claim; (d) Plaintiffs claim for monetary damages from Dr. Nicholas Schaff in his official capacity; and(e) Plaintiffs claim for injunctive relief.(3) Plaintiff will have twenty-one (21) days to amend his Ei ghth Amendment claims against Warden Palakovich and Warden Sabol. When submitting an amended complaint, Plaintiffs must follow the procedure for highlighting of amendments outlined in Local Rule 15.1(b).(3) The case shall be recommitted to Magistrate Judge Smyser for further proceedings. Signed by Honorable A. Richard Caputo on 3/29/12. (jam, )
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