Bucano et al v. Sibum et al
| Melissa Bucano and Bianca Bucano |
| Mark Bellavia, Jennifer H Sibum, Monroe County Courthouse, Monroe County Correctional Facility, Jennifer Harrison and Attorney General |
| 3:2012cv00606 |
| April 3, 2012 |
| US District Court for the Middle District of Pennsylvania |
| Scranton Office |
| Monroe |
| Richard P. Conaboy |
| Other Civil Rights |
| 42 U.S.C. ยง 1983 |
| None |
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Filing
69
MEMORANDUM (Order to follow as separate docket entry)For the reasons discussed above, we adopt Magistrate Judge Mehalchicks Report and Recommendation (Doc. 66), grant the Motion to Dismiss Plaintiffs Amended Complaint Filed on Behalf of Judge Sibum (Doc. 59), deny Plaintiffs request to further amend her Complaint (Doc. 67 at 11), and direct the Clerk of Court to close this case. An appropriate Order is filed simultaneously with this action.Signed by Honorable Richard P. Conaboy on 2/7/14. (cc)
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Filing
52
ORDER AND NOW, THIS 6th DAY OF JUNE 2013, FOR THE REASONS SET OUT IN THE ACCOMPANYING MEMORANDUM, IT IS HEREBY ORDERED THAT:1.Magistrate Judge Thomas M. Blewitts Report and Recommendation (Doc. 40) is adopted in part;2.The amended complaint filed b y Plaintiffs Bianca Bucano, Melissa Bucano, and Chistopher Bucano (Doc. 23) is dismissed with prejudice;3.The amended complaint filed by Plaintiff Melissa Bucano (Doc. 26) goes forward only as to Plaintiffs claim against Judge Sibum regarding allegat ions that Judge Sibum directed that Melissa be subjected to specific confinement on suicide watch and B status on G unit; 4.Plaintiff Melissa Bucanos claims regarding the condition of her cell, and food, clothing, glasses, toilet and shower issues co ntained in the amended complaint filed by Plaintiff Melissa Bucano (Doc. 26) are dismissed without prejudice;5.All other claims contained in Document 26 are dismissed with prejudice;6.The original Complaint (Doc. 1) filed in Civil Action Number 3:12- CV-1450, and incorporated into 3:12-CV-606, is dismissed without prejudice;7.Plaintiffs Motion for R.O.R. Bail Pending Appeal (Doc. 29) is denied;8.The United States Marshals office is directed that service of Document 26 is to be effected on Judge J ennifer Sibum and Defendant Sibums response is due only on the single remaining claim set out above and in the accompanying Memorandum; 9.On or before July 8, 2013, Plaintiff Bianca Bucano may file her own claim, to be opened as a separate case, agai nst Judge Sibum based on the alleged retaliatory nature of Judge Sibums direction that Melissa be held on suicide watch and on B Status in G Unit, and failure to follow the Courts directives in this matter will result in dismissal with prejudice of a ny offending filing in its entirety;10.On or before July 8, 2013, Plaintiff Bianca Bucano may file a separate complaint, to be opened as a separate case, raising her own claims that are dismissed without prejudice from the original Complaint filed in Civil Action 3:12-CV-1450 (Doc. 1), and failure to follow the Courts directives in this matter will result in dismissal with prejudice of any offending filing in its entirety;11.On or before July 8, 2013, Plaintiff Melissa Bucano may file a separate complaint, to be filed as a separate case, raising her own claims that are dismissed without prejudice from the original Complaint filed in Civil Action 3:12-CV-1450 (Doc. 1) and/or the claims related to the condition of her cell, and food, clothing , glasses, toilet and shower issues found in Document 26 of Civil Action Number 3:12-CV-606 which are dismissed without prejudice, and failure to follow the Courts directives in this matter will result in dismissal with prejudice of any offending filing in its entirety;12.This matter is remanded to Magistrate Judge Blewitt. Signed by Honorable Richard P. Conaboy on 6/5/13 (cc)
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Filing
19
MEMORANDUM For the reasons discussed above, Magistrate Judge Blewitts Report and Recommendation (Doc. 10) is adopted as modified. Plaintiffs Complaint (Doc. 1) is dismissed without prejudice on their claims regarding Plaintiff Melissa Bucanos confine ment and medical needs, and Plaintiff Bianca Bucanos confinement. The Complaint is dismissed with prejudice in all other respects. This determination means that all Defendants other than Judge Sibum are dismissed from this action and the only claim that goes forward against her is the confinement claim regarding Melissa Bucano. Plaintiffs will be allowed fourteen (14) days to file an amended complaint consistent with this Memorandum and the simultaneously filed Order, and failure to do so wil l result in dismissal of this case. Plaintiffs applications to proceed in forma pauperis (Docs. 3, 6) are granted for this filing only. An appropriate Order will be filed simultaneously with this action. Signed by Honorable Richard P. Conaboy on 6/25/12. (cc, )
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