MONTANEZ v. PA HEALTH CARE SERVICE STAFFS et al
| DOMINGO COLON MONTANEZ |
| PA HEALTH CARE SERVICE STAFFS, CHIEF COUNSEL STAFF, POLICY MAKER STAFFS, JEFFREY A. BEARD, ROBERT TRETINIK, MICHAEL HERBIK, CHRISTOPHER MEYER, DARLA COWDEN, PAUL DONEGAN, ELLSWORTH, BONNIE RITTENHOUSE, MAIL ROOM PROPERTY ROOM STAFFS, MAIL ROOM STAFFS, ACCOUNTANT STAFFS, BUSINESS MANAGER and PROGRAM REVIEW COMMITTEE STAFFS |
| 2:2009cv01547 |
| November 23, 2009 |
| US District Court for the Western District of Pennsylvania |
| Pittsburgh Office |
| Luzerne |
| Amy Reynolds Hay |
| Plaintiff |
| 42 U.S.C. ยง 1983 pr Prisoner Civil Rights |
| Plaintiff |
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Filing
157
MEMORANDUM OPINION granting 132 Defendants' (Jeffrey A. Beard, R.N. Ellsworth, and Robert Tretinik) Motion for Summary Judgment; granting 137 Defendnats' (Dr. Michael Herbik, Dr. Paul Donegan, P.A. Christopher Meyer, P.A. Darla Cowden, and Bonnie Rittenhouse) Motion for Summary Judgment as set forth more fully within. Signed by Judge Joy Flowers Conti on 3/19/2013. (cal )
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Filing
152
ORDER re 151 Appeal of Magistrate Judge Decision to District Court filed by DOMINGO COLON MONTANEZ. The non-dispositive order entered by Magistrate Judge Maureen P. Kelly on October 9, 2012, ECF No. 148, is AFFIRMED and the case is referred back to the magistrate judge for further proceedings. Signed by Judge Joy Flowers Conti on 01/23/13. (cal )
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Filing
128
ORDER adopting Report and Recommendations re 123 Report and Recommendations. IT IS HEREBY ORDERED that Defendants' Motions to Dismiss are denied with respect to Plaintiff's Eighth Amendment and punitive damages claims.IT IS FURTHER ORDER ED that the Motions to Dismiss are granted with respect to Plaintiff's Fourth, Fifth and Fourteenth Amendment claims, as well as his claims pursuant to 42 U.S.C. §§ 1985 and 1986 and 18 U.S.C. §241 and 242.IT IS FURTHER ORDERED th at Plaintiff's claims against DOC Defendants, in their official capacities, are dismissed as barred by the sovereign immunity provisions of the Eleventh Amendment. IT IS FURTHER ORDERED that, pursuant to Rule 4(a)(1) of the Federal Rules of Appellate Procedure, if the parties desire to appeal from this Order they must do so within thirty (30) days by filing a notice of appeal as provided in Rule 3, Fed. R. App. P. Signed by Judge Joy Flowers Conti on 2/22/2012. (smc )
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Filing
81
ORDER denying 54 Motion for TRO; IT IS FURTHER ORDERED that the Report and Recommendation, ECF No. 66 , filed on March 9, 2011, by Chief Magistrate Judge Lenihan, is adopted as the opinion of the Court, as supplemented by this memorandum order. P laintiffs motion for extension of time, ECF No. 80 , is GRANTED IN PART and Plaintiff is ordered to file his response to the Motions to Dismiss no later than June 3, 2011. Plaintiff is advised that his failure to file a response by the deadline to the Motions to Dismiss may result in the motions being granted as unopposed. Signed by Judge Joy Flowers Conti on 5/17/2011. (smc )
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