LeFever et al v. United States of America
| Christopher Lefever, Robert Cummings, Daniel Greatwater, Michael Adams, John D. Usher, Richard Rose and Travis Yates |
| United States of America |
| 3:2017cv01499 |
| August 22, 2017 |
| US District Court for the Middle District of Pennsylvania |
| Scranton Office |
| Union |
| PT |
| A. Richard Caputo |
| Civil Rights |
| 28 U.S.C. ยง 1331 |
| None |
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The following documents for this case are available for you to view or download:
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Filing
119
ORDER granting 57 Motion to Dismiss and motion for summary judgment; denying 95 Motion to Refer to PLSP. See Order for specific details. Clerk of COurt is directed to CLOSE this case. Any appeal from this Order is DEEMED frivolous and not in good faith. Signed by Honorable Robert D. Mariani on 8/6/20 (jam) (Main Document 119 replaced on 8/6/2020) (jam).
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Filing
99
ORDER (memorandum filed previously as separate docket entry). 1. Mr. LeFever's motion 80 for extension of time to object to the dismiss of his case is DENIED. 2. Mr. LeFever's motion 82 for leave to file a motion for summary judgment is DENIED. 3. Mr. LeFever's motion 92 for a hearing is DENIED.Signed by Honorable A. Richard Caputo on 2/11/20. (dw)
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Filing
67
ORDER granting 58 Motion to Stay; Case referred to Mediation; SEE ORDER FOR ALL INFORMATION; Signed by Honorable A. Richard Caputo on 05/02/19 (cc: J.Barrett, ADR Coordinator)(ep)
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Filing
61
ORDER granting 45 Motion to Amend/Correct; denying 55 Motion for Default Judgment Signed by Honorable A. Richard Caputo on 3/5/19 (ep)
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Filing
36
ORDER THAT:(1) Richard Roses Motion for Leave to Proceed In Forma Pauperis 4 isconstrued as a motion to proceed without full prepayment of fees and costs, andis GRANTED.(2) Robert Cummings Motion for Leave to Proceed In Forma Pauperis 6 isconstru ed as a motion to proceed without full prepayment of fees and costs, andis GRANTED.(3) Christopher Lefevers Motion for Leave to Proceed In Forma Pauperis 11 is construed as a motion to proceed without full prepayment of fees andcosts, and is GRANTE D.(4) Daniel Greatwalkers Motion for Leave to Proceed In Forma Pauperis 13 is construed as a motion to proceed without full prepayment of fees and costs,and is GRANTED.(5) The Motion for Extension of Time to File Brief 8 is DENIED as mootbecause P laintiffs have since filed a motion and brief in support of their claims 18 , 19 .(6) Plaintiffs Petition for Relief Under the Federal Tort Claims Act 18 ,construed as a motion for summary judgment, is DENIED without prejudiceto re-filing at the p roper time in this litigation after Defendant has been servedand in accordance with the Federal Rules of Civil Procedure and this CourtsLocal Rules.(7) Virgil Bigays Motion to Join as Plaintiff to the Complaint 15 isGRANTED. The Clerk of Court is d irected to amend the docket to reflectVirgil Bigay as a Plaintiff to this action.(8) Plaintiffs Motion for Summary Judgment 23 , identified as a Motion forDefault Judgment on the docket, is DENIED without prejudice to re-filing atthe proper time in this litigation after Defendant has been served and inaccordance with the Federal Rules of Civil Procedure and this Courts LocalRules.(9) Plaintiffs Motion to Amend the Complaint to include David Ebbert, AndrewEdinger, and Jennifer Seroski as Defenda nts 29 is DENIED because theComplaint asserts only claims under the Federal Tort Claims Act and the FTCAauthorizes suits only against the United States itself, not individual defendantsor agencies. Gary v. Pa. Human Relations Commn, 497 F. Appx 223 , 228 (3dCir. 2012); see also CNA v. United States, 535 F.3d 132, 138 n.2 (3d Cir. 2008)(The Government is the only proper defendant in a case brought under theFTCA.); Rankin v. Bledsoe, No. 11-2352, 2012 WL 1965668, at *2 (M.D. Pa.May 31, 2012).(10) The United States Marshal is directed to serve Plaintiffs Complaint (Doc. 1) onthe named Defendant.(11) The Motion to Serve Defendant 33 is DENIED as moot by Judge Caputo
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