Jones v. Hashagen et al
| Christopher Jones |
| Hashagen, Linhart, Joseph Semon, Michael D. Klopotoski and Dempsey |
| 4:2009cv00887 |
| May 11, 2009 |
| US District Court for the Middle District of Pennsylvania |
| Williamsport Office |
| Schuylkill |
| Malachy E. Mannion |
| James F. McClure |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Defendant |
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The following documents for this case are available for you to view or download:
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Filing
112
MEMORANDUM AND ORDER granting motions to dismiss 78 & 95 , denying motion to strike 102 as moot, directing Clrk of Ct to CLOSE case, & deeming any appeal from this order as frivolous & not in good faith. (See memo & order for complete details.) Signed by Honorable Christopher C. Conner on 03/26/12. (ki)
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Filing
111
ORDER DENYING pltf's motion to supplement his complaint 107 . (See order for complete details.) Signed by Honorable Christopher C. Conner on 03/20/12. (ki)
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Filing
71
ORDER re: 5/12/11 Order 68 - It is hereby ORDERED that: 1. W/in 60 days of date of this order pltf Jones shall provide addt'l info to ID defts CO Linhert & Dr. Dempsey inc @ min each deft's 1st name & if avail each deft's address & last known place of employment.; 2. Failure to comply w/ preceding para may result in dismissal of complaint. (See order for complete details.) Signed by Honorable Christopher C. Conner on 05/20/11. (ki)
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Filing
53
MEMORANDUM AND ORDER: Overruling plaintiff Jones' 51 objections to Magistrate Judge Carlson's report and recommendation; adopting in full Magistrate Judge Carlson's report and recommendation; granting defendants Hashagen and Semon� 39;s 40 motion for summary judgment; entering final judgment in favor of defendants Hashagen and Semon and against plaintiff Jones; dismissing the complaint, with prejudice, as against defendant Klopotoski; directing the clerk to close the case file. Signed by Honorable James F. McClure, Jr on 11/10/10. (km, )
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Filing
26
MEMORANDUM AND ORDER: United States Magistrate Carlson's 18 report and recommendation is adopted in full; to the extent plaintiff's claims seek damages from defendants Hashagen, Semon, Klopotoski based upon those defendants acting in thei r official capacities, plaintiff's claims against those defendants are dismissed; plaintiff's claim against defendant Klopotoski is dismissed without prejudice for failure to state a claim upon which relief can be granted, and plaintiff may amend his complaint within 30 days of the entry of this order; defendants' motion to dismiss for failure to exhaust administrative remedies is denied without prejujdice; the case is remanded to the U.S. Magistrate Judge for further proceedings consistent with this memorandum and order. Signed by Honorable James F. McClure, Jr on 1/12/10. (km, )
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Filing
18
REPORT AND RECOMMENDATION - 1. To the extent that Jones seeks damages from state officials acting in their official capacity, the complaint should be DISMISSED since the pltf is barred from obtaining such relief by constitutional and statutory constr aints. 2. In its current form, the Pltfs complaint against Warden Klopotoski fails to state a valid cause of action under the Eighth Amendment and should be DISMISSED for failure to state a claim upon which relief can be granted without prejudice to the plaintiff being granted leave to amend his complaint to address the deficiencies identified in this report and recommendation, provided that he does so without undue delay, by amending the complaint within 30 days of the entry of an order adopti ng this report and recommendation. 3. With respect to the dfts motion to dismiss for failure to exhaust administrative remedies, that motion and Jones response, invite the Court to consider matters outside the pleadings, a task which falls beyond t he reach of a Rule 12 motion to dismiss. Therefore, this aspect of the dfts motion should be DENIED without prejudice to the filing of any appropriate motions for summary judgment on this issue pursuant to Rule 56 of the Federal Rules of Civil Procedure. Objections to R&R due by 10/19/2009Signed by Magistrate Judge Martin C. Carlson on September 30, 2009. (kjn)
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