O'BLACK v. BEARD et al
| EARL O'BLACK |
| JEFFERY BEARD, RAYMOND J. SOBINA, MICHAEL BARONE, JOANN DELI, MAXA, RHONDA SHERBINE, BRIAN MCCOLLUM, CHAD LOVELAND and RON BASH |
| 1:2008cv00280 |
| October 14, 2008 |
| US District Court for the Western District of Pennsylvania |
| Prisoner Civil Rights (Prison Condition) Office |
| Forest |
| Sean J. McLaughlin |
| Susan Paradise Baxter |
| Plaintiff |
| Federal Question |
| 42:1983pr Prisoner Civil Rights |
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The following documents for this case are available for you to view or download:
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Filing
71
MEMORANDUM ORDER: AND NOW, this 14th Day of December, 2010; IT IS ORDERED that the Defendants' joint motion to dismiss for lack of prosecution 68 be, and hereby is, GRANTED and the instant action be, and hereby is, DISMISSED for Plaintiff's failure to prosecute. The Report and Recommendation of Magistrate Judge Baxter 70 , dated November 4, 2010, is adopted as the opinion of this Court. Signed by Judge Sean J. McLaughlin on 12/14/2010. (kas)
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Filing
70
REPORT AND RECOMMENDATION that 68 MOTION to Dismiss for Lack of Prosecution filed by DONALD SKUNDA, ROBERT MAXA, RHONDA SHERBINE, be granted and that the instant civil rights action be dismissed for Plaintiff's failure to prosecute. Objections to R&R due by 11/22/2010. Signed by Judge Susan Paradise Baxter on 11/4/10. (lrw)
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Filing
54
MEMORANDUM ORDER: AND NOW, this 10th day of September, 2009; IT IS HEREBY ORDERED that: (1) the Medical Defendants' Motion to Dismiss 43 is DENIED with respect to the Plaintiff's Eighth Amendment claim premised on the Medical Defendants&# 039; alleged failure and/or refusal to timely provide the Plaintiff with an Arizona brace for his left ankle; in all other respects, said motion is GRANTED; (2) the Commonwealth Defendants' Motion to Dismiss 46 is DENIED with respect to the Pl aintiff's Eighth Amendment claim against Defendant Skunda premised on Defendant Skunda's alleged failure and/or refusal to timely provide the Plaintiff with an Arizona brace for his left ankle; in all other respects, and as to all other Com monwealth Defendants, said motion is GRANTED; and (3) the Motion to Dismiss or in the Alternative for Summary Judgment filed on behalf of Defendants McCollim, Loveland, Bash and Simmons 49 is GRANTED. IT IS FURTHER ORDERED, pursuant to this Court&# 039;s authority under the Prison Litigation Reform Act, that Plaintiff's claims against unnamed Defendants "Jane/John Doe," "John Doe 3," "John Doe 4," "Orthopedic John Doe," and "Counselor John" are hereby DISMISSED in their entirety inasmuch as the 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. As a result, the only claim remaining in this case is the Plaintiff's Eighth Amendment claim against Defendants Maxa, Sherbine, and Skunda regarding their alleged failure and/or refusal to timely provide the Plaintiff with an Arizona brace for his left ankle. The Report and Recommendation of Chief Magistrate Judge Baxter 52 , dated August 19, 2009, is adopted as the opinion of this Court. Signed by Judge Sean J. McLaughlin on 09/10/2009. (kas)
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Filing
52
REPORT AND RECOMMENDATION that the Medical Defendants Motion to Dismiss 43 be granted in part and denied in part, as follows: All claims other than Plaintiffs Eighth Amendment claim alleging the Medical Defendants failure and/or refusal to timely p rovide him with an Arizona brace for his left ankle, should be dismissed; the Commonwealth Defendants Motion to Dismiss 46 be granted in part and denied in part, as follows: All claims other than Plaintiffs Eighth Amendment claim against Defendant Skunda, regarding his alleged failure and/or refusal to timely provide Plaintiff with an Arizona brace for his left ankle, should be dismissed; All Commonwealth Defendants other than Defendant Skunda should be dismissed from this action; The Motion t o Dismiss or in the Alternative for Summary Judgment filed on behalf of Defendants McCollim, Loveland, Bash and Simmons 49 be granted. It is further recommended that, pursuant to the authority granted to courts in the Prison Litigation Reform Act, Plaintiffs claims against unnamed Defendants Jane/John Doe," John Doe 3," John Doe 4, Orthopedic John Doe,and Counselor John be dismissed in their entirety, as Plaintiff has failed to identify and serve said Defendants within 120 days, in a ccordance with the requirements of Rule 4(m) of the Federal Rules of Civil Procedure, and said Defendants should be terminated from this case. Based on the foregoing, the only claim that should remain is Plaintiffs Eighth Amendment claim against Defendants Maxa, Sherbine, and Skunda, regarding their alleged failure to timely provide Plaintiff with an Arizona brace for his left ankle. Objections to R&R due by 9/8/2009. Signed by Judge Susan Paradise Baxter on 8/18/09. (lrw)
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