Real v. Huber et al
| Fernando Real |
| Huber, Richard Southers, Michael Bell, John Horner, Gardner, Cook, J.A. Stum, Tracey Williams, Dennis King, Bear, Christopher Chambers, Rodney Carberry, Nurse Mary, Teresa Law, William, McGinnis, Kristen Reisinger, Lieutenant Rhoades, Euhanburaz, Boring and Dorina Varner |
| 3:2013cv01054 |
| April 23, 2013 |
| US District Court for the Middle District of Pennsylvania |
| Scranton Office |
| Montgomery |
| LQ |
| Edwin M. Kosik |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| None |
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Filing
81
ORDER: ADOPTING the REPORT AND RECOMMENDATION 78 ; GRANTING Defendants' Motion 66 for Summary Judgment; DENYING the Plaintiff's Motion 61 for Partial Summary Judgment; DIRECTING the clerk to enter JUDGMENT in favor of the Defendants and against the Plaintiff w/respect to the Plaintiff's retaliation claims; DISMISSING all remaining claims for failure to state a claim. (See Order for fur5ther details.) Signed by Honorable Matthew W. Brann on 3/24/16. (km)
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Filing
35
ORDER: Magistrate Judge Blewitt's Report and Recommendation (ECF No. 41) is ADOPTED in part, REJECTED in part, and MODIFIED. Defendants' Motion to Dismiss (ECF No. 14), Motion to Dismiss (ECF No. 20), and Motion to Dismiss (ECF No. 26) ar e GRANTED in part. Supervisory Defendants Southers, Bell, Williams, Law, Horner, Rhoades, Eichenburg, and Varner are DISMISSED from all claims without prejudice. Plaintiff's claims with respect to denied grievances and appeals involving Defenda nts Law, Southers, Williams, and Varner are DISMISSED with prejudice. Plaintiff's Due Process claim against Defendant Reisinger is DISMISSED with prejudice. Plaintiff's Eighth Amendment denial of medical care claim against Defendants Law, Strum and Varner is DISMISSED with prejudice. The claims against Defendants Mary and Williams are DISMISSED without prejudice. Plaintiff's Eighth Amendment conditions of confinement claim is DISMISSED with prejudice against all Defendants. Def endant's state law intentional tort claims are DISMISSED without prejudice. Plaintiff's Motion for Preliminary Injunction is DENIED (ECF No. 16). Plaintiff's claims against Defendant McGinnis are DISMISSED without prejudice. Plainti ffs supplement complaint (ECF No. 26) is deemed WITHDRAWN pursuant to United States District Court for the Middle District of Pennsylvania Local Rule 7.5 for failure to file a supportive brief and failure to submit a complete proposed Amended Complaint. The case is REMANDED to the Magistrate Judge Blewitt for further proceedings. Signed by Honorable Matthew W. Brann on 8/29/14 (km)
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