ROSA-DIAZ v. OVERMYER et al
| GABRIEL ROSA-DIAZ |
| M. OVERMYER, D. OBERLANDER, S. SIEGEL, BERTOLINI, MONGELLUZZO, CARTER, HEFFERNAN, DICKEY, YONLISKY, GATTO, PELC, MROZEK, FRIEDLINE, SCHLEMMER, D. VARNER, A. MARKEY and J. BLICHA |
| 1:2016cv00155 |
| June 21, 2016 |
| US District Court for the Western District of Pennsylvania |
| Erie Office |
| Forest |
| Susan Paradise Baxter |
| Prison Condition |
| 42 U.S.C. ยง 1983 |
| None |
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The following documents for this case are available for you to view or download:
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Filing
86
ORDER granting 72 Motion for Summary Judgment; adopting Report and Recommendations re 84 Report and Recommendations. Signed by Judge Susan Paradise Baxter on 06/05/2019. (fcf)
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Filing
66
MEMORANDUM ORDER - it is hereby Ordered that the motion to dismiss (ECF No. 59 ) is GRANTED in part and DENIED in part, as follows: Granted as to Overmyer, Mongelluzzo, and Varner based on Plaintiff's failure to sufficiently allege their perso nal involvement in any constitutional violation. The Clerk is directed to terminate these three Defendants from the docket; Denied as to the access to courts claim; and Granted as to the due process claim based on the loss of and damage to Plaintiff's personal property. The report and recommendation of Magistrate Judge Baxter, dated 8/14/2018, is adopted as the opinion of the court, and as more fully stated in said Memorandum Order. Signed by Judge Kim R. Gibson on 9/11/2018. (dlg)
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Filing
45
MEMORANDUM ORDER - IT IS HEREBY ORDERED that the motion to sever [ECF No. 23 ] and the motion for joinder as to the motion to sever [ECF No. 40 ] are GRANTED. It is further ORDERED that this action be severed. The factual allegations and legal clai ms at Paragraphs 47-143 shall remain in the instant action. All remaining claims are dismissed from this action. Because only Defendants CO Friedline, CO Schlemmer, Lt. Heffernan, Siegel, Captain Mongelluzzo, Overmyer, J.A. Horton, and Varner are men tioned in Paragraphs 47-143, the Clerk is ORDERED to terminate all other Defendants from this docket. The report and recommendation of Magistrate Judge Baxter, dated May 10, 2017, is adopted as the opinion of the court, and as more fully stated in said Memorandum Order. Signed by Judge Kim R. Gibson on 5/19/2017. (dlg)
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