Robinson et al v. Wetzel et al
| Mark Anthony Robinson, Joshua Payne, Maurice Edwards, Hector Alexander Borrero and Tyree Davis |
| John Wetzel and Jeffy Ditty |
| 3:2011cv02194 |
| November 25, 2011 |
| US District Court for the Middle District of Pennsylvania |
| Scranton Office |
| Cumberland |
| Malachy E. Mannion |
| Robert D. Mariani |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Filing
86
MEMORANDUM OPINION AND ORDER re 81 MOTION to Compel Discovery filed by Mark Anthony Robinson. the plaintiffs motion to compel is DENIED, in part, and GRANTED, in part, as follows: On or before October 14, 2013, we direct the defendants to pr ovide to the Court for its in camera inspection the voting slips and related documents regarding the decision to place Robinson in the SMU following his return to SCI Rockview. Armed with this information the Court can determine: (1) whether this inf ormation is relevant to the issues raised in this case; (2) whether it is subject to any valid claim of privilege recognized by the Federal Rules; and (3) to what extent, in what format, and under what conditions it may be released to the plaintiff. In all respects, the motion to compel, (Doc. 81.), is DENIED. Signed by Magistrate Judge Martin C. Carlson on September 13, 2013. (kjn)
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Filing
51
MEMORANDUM OPINION In summary, the Court will not adopt Magistrate Judge Mannion's Report and Recommendation (Doc. 38) because it has been rendered moot by Plaintiffs' allegations that they have now exhausted their administrative remedies. (Doc. 41). Furthermore, Judge Mannion will re-screen the Second Amended Complaint once Plaintiffs file it. I ; Plaintiffs' Motion to Appoint Counsel (Doc. 4) is denied without prejudice. Plaintiff Robinson's Motion for Preliminary Injunctio n and TRO (Doc. 13) and Plaintiff Payne'sMotion for Preliminary Injunction and TRO (Doc. 32) are denied without prejudice. Plaintiffs' Motion to Amend Complaint (Doc. 44) is granted.The current Amended Complaint is insufficiently pleaded, s o Plaintiffs are ordered to re-file a Second Amended Complaint !, within thirty (30) days of the date of the attached Order. Because Plaintiffs are granted leave to re-file an amended complaint that states aclaim upon which relief can be granted, the Court denies Plaintiffs' Motion to add Plaintiff (Doc. 26) as moot. The Court denies Darryl Miller's Motion to Join Complaint (Doc. 34) without prejudice, subject to his alleging a claim against SCI-Camp Hill personnel. Finally, the Court denies Plaintiff Davis's and Plaintiff Edwards's Motions to Withdraw (Doc. 29, 50) because they may not be voluntary f withdrawals. Aseparate Order follows. Signed by Honorable Robert D. Mariani on 5/16/12. (jfg)
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