Folk v. Prime Care Medical et al
| Omar Folk |
| Prime Care Medical, Dauphin County Prison, Perry County Prison, Attorney General of PA, David E. Yeingst, Dominick DeRose, Tonya Schisler, Tom Toolan, Matthew Legal, Twigg, Keller, Thomas Long, City of Harrisburg, Perry County City, Heidi R. Freese, Dauphin County, Charles Donbaugh, Young, Board Chairman, Perry County Prison and Chad Chenet |
| 3:2013cv00474 |
| February 21, 2013 |
| US District Court for the Middle District of Pennsylvania |
| Scranton Office |
| Dauphin |
| JV |
| Richard P. Conaboy |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| None |
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The following documents for this case are available for you to view or download:
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Filing
157
ORDER granting in part and denying in part 155 Motion to Correct Overpayment of Filing Fee; Clerk of Court is directed to refund to Pltf's prisoner trust account the $96.51 received by the Court on September 19, 2022; No additional refunds shall be granted at this time; Signed by Honorable Robert D Mariani on 11/9/22 (ep)
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Filing
115
MEMORANDUM (Order to follow as separate docket entry)Since it has been concluded that a viable civil rights claims has not been asserted against Remaining Defendant Doctor Legel, sua sponte dismissal will be entered in his favor. See 28 U.S.C. § 1915 (e)(2)(B)(ii). An appropriate Order will enter.Signed by Honorable Richard P. Conaboy on 1/26/18. (cc)
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Filing
85
MEMORANDUM (Order to follow as separate docket entry)Plaintiffs sparse claims against the individual Medical Defendants at best sound in negligence and as such are insufficient under Estelle. The motion to dismiss will be granted. An appropriate Order will enter.Signed by Honorable Richard P. Conaboy on 2/13/17. (cc)
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Filing
82
MEMORANDUM (Order to follow as separate docket entry)Once jurisdiction has been exercised over the state claim, elimination of the federal claim does not deprive the court of jurisdiction to adjudicate the pendent claim. Id. (citing Lentino v. Fring e Emp. Plans, Inc., 611 F. 2d 474, 479 (3d Cir. 1979)). However, if a federal claim is dismissed prior to trial, the district court should decline to decide the pendent state claims, unless considerations of judicial economy, convenience, and fairne ss provide an affirmative justification for doing so. Borough of West Mifflin v. Lancaster, 45 F.3d 780, 788 (3d Cir. 1995). Since this Court shall dismiss the federal claims against the Moving Defendants remaining argument is not required. Defenda nt Freese, jurisdiction will be declined with respect to any pendent state law claims that Plaintiff wishes to pursue.Defendant Freeses motion to dismiss will be granted. An appropriate Order will enter. re 57 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Heidi R. Freese Signed by Honorable Richard P. Conaboy on 1/27/17. (cc)
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Filing
68
MEMORANDUM (Order to follow as separate docket entry)A review of the present complaint establishes that Folk has not set forth any claim that his constitutional rights were violated as the result of any policy or custom of the City of Harrisburg. Consequently, the City of Harrisburg, which is clearly a local governmetn untit, is entitled to entry of dismissal. An appropriate Order will enter.Signed by Honorable Richard P. Conaboy on 9/1/16. (cc)
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Filing
66
MEMORANDUM (Order to follow as separate docket entry)Pursuant to the above discussion, any attempt to by Folk to establish liability against Kane or any OAG employees based upon either their respective supervisory capacities or their failure to respo nd to his complaints is insufficient for establishing civil rights liability against the OAG. In conclusion, entry of dismissal is warranted since there is no discerbile claim set forth against the Moving Defendant. An appropriate Order will enter. re 38 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and for Lack of Jurisdiction filed by Attorney General of PA Signed by Honorable Richard P. Conaboy on 8/24/16. (cc)
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Filing
64
MEMORANDUM (Order to follow as separate docket entry)Accordinlgy, entry of dismissal in favor of the Perry County Defendants is appropriate with respect to the claim of deliberate indiffernce to Plaintiff's dental needs. Signed by Honorable Richard P. Conaboy on 8/18/16. (cc)
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