Oliver v. Beard et al
| John R. Oliver |
| Marirosa Lamas, Mr. Sowash, Franklin J. Tennis, Jeffrey A. Beard, Capparelle, Winkelman, Jed R. Jezek and John Doe |
| 4:2008cv01473 |
| August 6, 2008 |
| US District Court for the Middle District of Pennsylvania |
| Williamsport Office |
| Centre |
| Thomas M. Blewitt |
| James F. McClure |
| None |
| 42 U.S.C. ยง 1983 Civil Rights Act |
| None |
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Filing
12
ORDER ADOPTING REPORT AND RECOMMENDATION 9 in part re the reasoning for dismissing all defendants; granting plaintiff's motion 2 for leave to proceed in forma pauperis solely for the purpose of filing this action; dismissing all claims set f orth in Civil No. 08-1473, with the exception of plaintiff's First Amendment retaliation claim against defendant Sowash, which is dismissed without prejudice for failure to exhaust administrative remedies; denying as moot, plaintiff's motion 11 to appoint counsel; directing plaintiff to follow Rule 15 for future filings regarding the same defendants and the same issue; directing the clerk to close Civil No. 08-1473. Signed by Honorable James F. McClure, Jr on 10/28/08. (km, )
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Filing
9
REPORT AND RECOMMENDATION; IT IS RECOMMENDED that the above case, 8-1473 be ordered consolidated with Plf's case 8-796, that plf's motion for ifp in Case 8-1473 (Doc 2) be granted solely for the purpose of filing this action, that case 8-14 73 be closed, and that all three of plf's cases proceed under Civil 4:CV-08-796. It is recommended that all of plf's claims, including his Eighth Amendment conditions of confinement claims, in his 8-1473 Complaint against all named Defts t herein, except for his First Amendment retaliation claim against deft Sowash and his First Amendment retaliation claim and access to court claim against unnamed prison staff, be dismissed based on the District Court's June l6, 2008 Order issued with respect to plf's 8-796 complaint. It is recommended that plf's First Amendment retaliation claim and access to court claim in case 8-1473 against unnamed prison staff be dismissed. It is recommended that plf's First Amendment re taliation claim against deft Sowash in case 8-1473 be dismissed without prejudice to re-file it after he exhausts his DOC administrative remedies. It is further recommended that the consolidated matter be remanded to the undersigned for further proc eedings as against only remaining deft Dr. Symmons and plf's Eighth Amendment denial of proper medical care claim with respect to his injuries sustained in his January 18, 2008 tray room fall. NOTICE; Exceptions to be filed within l0 days. Objections to R&R due by 9/29/2008Signed by Magistrate Judge Thomas M. Blewitt on 9/10/08. (jb, )
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