Daniels v. Pitkins et al
William M. Daniels, Jr. |
David W. Pitkins, Tammy Ferguson, Leo Glass, Bobbi Jo Salamon, L. W. Hoffman and Maria Leahy |
3:2014cv02383 |
December 15, 2014 |
US District Court for the Middle District of Pennsylvania |
Scranton Office |
Forest |
JV |
Richard P. Conaboy |
Civil Rights |
42 U.S.C. ยง 1983 |
None |
Available Case Documents
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Filing 64 MEMORANDUM (Order to follow as separate docket entry)Since all of the Plaintiff's federal claims in this matter have dismissed, jurisdiction will be declined with respect to Daniels' state law claim of malicius prosecution and it will be remanded back to the Centre County Court of Common Pleas. An appropriate Order will enter: cc: Centre County Court of Common Pleas.Signed by Honorable Richard P. Conaboy on 3/6/17. (cc) |
Filing 62 MEMORANDUM (Order to follow as separate docket entry)Based upon an application of the well settled administrative exhaustion standards and the undisputed supporting evidence presented by Defendant Leahy, she has satisfied her burden of demonstrating that the substance of the Plaintiffs surviving claims was not encompassed within any grievance filed to final administrative review by Daniels. Moreover, the Plaintiff has not provided the Court with any sufficient basis upon which it could be concl uded that he is entitled to be excused from the exhaustion requirement. Accordingly, Defendant Leahy is entitled to entry of summary judgment on the basis of non-exhaustion of administrative remedies. An appropriate Order will enter. re 44 MOTION for Summary Judgment filed by Maria Leahy Signed by Honorable Richard P. Conaboy on 2/17/17. (cc) |
Filing 24 ORDER (memorandum filed previously as separate docket entry)In accordance withtheaccompanyingMemorandum,ITISHEREBYORDEREDTHAT:1.Defendant Maria Leahy's motion to dismi ss (Doc. 10) the Complaint is GRANTED IN PART.2.Dismissal is granted in favor of Defendant Leahy with exception of the claim that she failed to protect Plaintiff from unconstitutional conditions of confinement.Signed by Honorable Richard P. Conaboy on 8/19/15. (cc) |
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