HANKINS v. BEARD et al
| ROBERT HANKINS |
| JEFFARY A. BEARD, WILLIAM STICKMAN, JOHN DOE #1, HARRY WILSON, MARK KRYSEVIG, LINDA HARRIS, DANIEL BURNS, ERIC ARMEL, J. FORTE, SCOTT NICKELSON, EDWARD MANCHAS, CAROL SCIRE, MARY ANN KUSHNER, ROBERT BITNER, R. KLINK, ROBERT TRETINIK, SEAN NOSE, J. KREMPOSKY, M. MOZINGO, FRED MAUE, JOHN DOE #11, DARLENE LINDERMAN, GEORGE REPOSKY, HOOPER, CRUMB, CHRIS MEYER, JOHN DOE, JOHN S. SHAFFER, JANE DOE, MICHAEL ZAKEN, RYMAROWICZ, PETE SLEPINSKI, SHARON BURKS, MARK MAINS, CLAYTON STONER, CHAPLEY, BEACHY, PETROSKY, JOHNSON, ROHRAGAUGN, HALEY, M.C. FISHER, RONALD COLLINGS, JEFF L. OKORN, BURTON, HOLMAN, RITCHER, KEVIN FAULKNER, TIMOTHY STEELEY, LINK and JOHN DOE #2 |
| 1:2007cv00332 |
| December 3, 2007 |
| US District Court for the Western District of Pennsylvania |
| Erie Office |
| Erie |
| Susan Paradise Baxter |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 pr Prisoner Civil Rights |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
272
MEMORANDUM ORDER denying 264 Motion for Preliminary Injunction and/or Protective Order with Sanctions. Signed by Judge Sean J. McLaughlin on 5/10/2011. (rlh)
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Filing
235
ORDER: AND NOW, this 23rd Day of February, 2011, the Plaintiff having filed a document 224 styled as an "objection" to the December 17, 2010 text order of the Magistrate Judge denying Plaintiff's motion 212 for leave to file a supp lemental complaint, AND this Court having construed said "objection" as an appeal from the Magistrate Judge's text order, IT IS ORDERED, upon consideration of the Plaintiff's appeal, that said appeal be, and hereby is, DENIED and the December 17, 2010 text order of the Magistrate Judge be, and hereby is, AFFIRMED. Signed by Judge Sean J. McLaughlin on 02/23/2011. (kas)
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Filing
218
REPORT AND RECOMMENDATION that 200 MOTION for Preliminary Injunction MOTION for Temporary Restraining Order filed by ROBERT HANKINS be denied due to lack of jurisdiction over the persons that Plaintiff seeks to enjoin. Objections to R&R due by 1/3/2011. Signed by Judge Susan Paradise Baxter on 12/17/10. (lrw)
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Filing
176
MEMORANDUM JUDGMENT ORDER: AND NOW, this 2nd day of February, 2010; IT IS ORDERED that Defendant Chris Meyer's Motion for Summary Judgment 115 be, and hereby is, GRANTED. JUDGMENT is hereby entered in favor of Defendant Chris Meyer and agains t Plaintiff Robert Hankins as to all claims asserted against Defendant Meyer. IT IS FURTHER ORDERED that the DOC Defendants' Motion for Summary Judgment 119 be, and hereby is, GRANTED in part and DENIED in part as follows: a) Said motion is D ENIED with regard to Plaintiff's excessive force claims of May 2, 2006 and May 9, 2006; b) Said motion is also DENIED with regard to Plaintiff's claim that his continuous confinement in disciplinary custody, allegedly caused by the lack of due process afforded him at his misconduct hearings, has deprived him of a protected liberty interest in violation of his Fourteenth Amendment due process rights; and c) Said motion is GRANTED with regard to all other claims asserted by Plaintiff aga inst the DOC Defendants. As to those claims, JUDGMENT is hereby entered in favor of the DOC Defendants and against Plaintiff. IT IS FURTHER ORDERED, consistent with the foregoing, that Defendants Shaffer, Maue, Haley, Link, Rohrabaugh, Petrosky, Be achy, Richter, Burton, Holman, Tift, Mozingo, and Linderman be terminated from the case. IT IS FURTHER ORDERED that the Plaintiff shall file, on or before February 22, 2010, an amended complaint pertaining solely to the remaining claims as set forth above. With respect to his surviving due process claim, the Plaintiff shall identify in his amended complaint each and every Defendant against whom such claim is being asserted and the specific allegations being made against each Defendant. The Report and Recommendation of Magistrate Judge Baxter filed on November 30, 2009 172 is adopted, in part, as the opinion of this Court, to the extent set forth herein. Signed by Judge Sean J. McLaughlin on 02/02/2010. (kas)
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Filing
172
REPORT AND RECOMMENDATION recommending that 119 MOTION for Summary Judgment filed by SEAN NOSE, KEVIN FAULKNER, MARK KRYSEVIG, PETROSKY, R. KLINK, CRUMB, MICHAEL ZAKEN, BURTON, J. KREMPOSKY, BEACHY, FRED MAUE, LINDA HARRIS, ROBERT BITNER, HOLMAN, M.C. FISHER, M. MOZINGO, EDWARD MANCHAS, RITCHER, CAROL SCIRE, RYMAROWICZ, MARK MAINS, SHARON BURKS, HOOPER, GEORGE REPOSKY, PETE SLEPINSKI, JEFF L. OKORN, MARY ANN KUSHNER, ROBERT TRETINIK, DARLENE LINDERMAN, HALEY, J. FORTE, TIMOTHY STEELEY, SC OTT NICKELSON, ERIC ARMEL, JOHNSON, CHAPLEY, WILLIAM STICKMAN, LINK, ROHRAGAUGN, JEFFARY A. BEARD, CLAYTON STONER, HARRY WILSON, JOHN S. SHAFFER, RONALD COLLINGS, DANIEL BURNS, be granted in part and denied in part; recommending that 115 MOTION for Summary Judgment filed by CHRIS MEYER be granted. Objections to R&R due by 12/17/2009. Signed by Judge Susan Paradise Baxter on 11/30/2009. (fcf)
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Filing
168
ORDER: AND NOW, to wit, this 6th day of October, 2009, the Plaintiff having appealed the April 3, 2009 Text Order of United States Magistrate Judge Baxter denying his oral motion for appointment of counsel and denying without prejudice his motion for sanctions 108 , IT IS HEREBY ORDERED that the Appeal is DENIED. The April 3, 2009 Text Order of United States Magistrate Judge Baxter is AFFIRMED. Signed by Judge Sean J. McLaughlin on 10/06/2009. (kas)
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Filing
105
MEMORANDUM ORDER: AND NOW, this 27th day of February, 2009; IT IS ORDERED that Defendant Chris Meyer's Motion 55 to Dismiss Amended Complaint be, and hereby is, GRANTED in part and DENIED in part, as follows: 1. The motion to dismiss Plaintiff 's deliberate indifference claim arising from the assault incident that allegedly occurred on March 18, 2005, is granted and said claim is dismissed as untimely. 2. The motion to dismiss Plaintiff's retaliation and deliberate indifference claims arising from the confiscation of and failure to return or replace his knee brace is denied. IT IS FURTHER ORDERED that, pursuant to the authority granted to courts under the Prison Litigation Reform Act, Plaintiff's claims against all u nnamed Defendants are hereby DISMISSED, and said Defendants are terminated from this case, inasmuch as Plaintiff has failed to identify and serve these Defendants within 120 days in accordance with the requirements of Rule 4(m) of the Federal Rules of Civil Procedure. The Report and Recommendation of Chief Magistrate Judge Baxter, filed on February 12, 2009 98 , is adopted as the opinion of this Court. Signed by Judge Sean J. McLaughlin on 02/27/2009. (kas)
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Filing
98
REPORT AND RECOMMENDATION that Defendant Chris Meyers Motion to Dismiss Amended Complaint 55 be granted in part and denied in part, as follows: 1. The motion to dismiss Plaintiffs deliberate indifference claim arising from the assault incident that allegedly occurred on March 18, 2005, should be granted, and said claim should be dismissed as untimely; 2. The motion to dismiss Plaintiffs retaliation and deliberate indifference claims arising from the confiscation and failure to return or replac e his knee brace should be denied, and said claims should be allowed to proceed.It is further recommended that, pursuant to the authority granted to courts in the Prison Litigation Reform Act, Plaintiffs claims against all unnamed Defendants be dismi ssed because Plaintiff has failed to identify and serve said Defendants within 120 days, in accordance with the requirements of Rule 4(m) of the Federal Rules of Civil Procedure, and said Defendants should be terminated from this case. Objections to R&R due by 3/2/2009. Signed by Judge Susan Paradise Baxter on 2/12/09. (lrw)
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