SMITH V THE PENNSYLVANIA DEPARTMENT OF CORRECTIONS, et al
| STEVEN SMITH |
| THE STATE CORRECTIONAL INSTITUTION AT MARIENVILLE, PENNSYLVANIA, THE PENNSYLVANIA DEPARTMENT OF CORRECTIONS, THE STATE CORRECTIONAL INSTITUTION AT ALBION, PENNSYLVANIA, JANE DOES UNKNOWN and JOHN DOES UNKNOWN |
| 1:2010cv00022 |
| February 1, 2010 |
| US District Court for the Western District of Pennsylvania |
| Erie Office |
| Erie |
| Susan Paradise Baxter |
| Prisoner Civil Rights (Prison Condition) |
| 42 U.S.C. ยง 1983 pr Prisoner Civil Rights |
| None |
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| Document Text |
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Filing
81
OPINION AND ORDER that the instant civil rights action be dismissed pursuant to Fed.R.Civ.P. 41(b), due to Plaintiffs failure to prosecute this case.IT IS FURTHER ORDERED that Defendants pending motions for summary judgment 72 and 75 are dismissed as moot. The Clerk is directed to close this case. Signed by Magistrate Judge Susan Paradise Baxter on 10/16/12. (lrw)
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Filing
62
OPINION AND ORDER granting in part and denying in part 39 DOC Defendants' motion to dismiss second amended complaint, as follows: the motion to dismiss is DENIED as to Plaintiff's retaliation claims against Defendants Hall, Giroux, Webb, Tiller, and Young, and is GRANTED in all other respects, and all remaining claims against the DOC Defendants are dismissed; granting in part and denying in part 41 Medical Defendants' motion to dismiss second amended complaint, as follows: The motion to dismiss is GRANTED as to Plaintiff's ADA, civil conspiracy, and state law medical negligence/malpractice claims, and such claims are dismissed, and the motion to dismiss is DENIED in all other respects, such that Plaintiff's Eigh th Amendment deliberate indifference to serious medical needs claim, retaliation claims, and intentional infliction of emotional distress claim shall proceed. The Clerk is directed to terminate Defendants Beard, Sobina, and Overton from this case. IT IS FURTHER ORDERED that, under the authority granted by the PLRA, Defendant Mowry is dismissed from this case for Plaintiff's failure to have her served within the time period prescribed by Rule 4(m) of the Federal Rules of Civil Procedure. Signed by Judge Susan Paradise Baxter on 09/30/2011. (fcf)
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