SHERWOOD v. BEARD et al
| BRENTT SHERWOOD |
| JEFFREY A. BEARD, LOUIS S. FOLINO, PAUL WALKER, PETER VIDONISH, SHRADER, BUPKA, ROBERT KENNEDY, DAN DAVIS, WENDELL and JANE AND JOHN DOE |
| 2:2011cv00040 |
| January 11, 2011 |
| US District Court for the Western District of Pennsylvania |
| Pittsburgh Office |
| Greene |
| David S. Cercone |
| Lisa Pupo Lenihan |
| Prisoner Civil Rights (Prison Condition) |
| 42 U.S.C. ยง 1983 pr Prisoner Civil Rights |
| Both |
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The following documents for this case are available for you to view or download:
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Filing
98
MEMORANDUM ORDER granting 92 Defendant's Motion to Dismiss for Failure to State a Claim. The claims against the "Department of Corrections" as an entity, Jeffrey Beard in his individual or official capacity and any claims predicated on the Fifth Amendment are dismissed. The explicit or implied claims against Jeffrey Beard in his official capacity for declaratory and prospective injunctive relief are dismissed without prejudice to their reinstatement and/or the formulation of m ore thoroughly stated claims against John Wetzel for such relief. Plaintiff shall file an amended complaint advancing any such claims on or before March 6, 2015. All in accordance with the Memorandum Order. Signed by Judge David S. Cercone on 2/10/15. (mwm)
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Filing
77
MEMORANDUM ORDER denying 76 Motion for Leave of Court for Limitation of the Scope of Defendant's Deposition (of Plaintiff). Signed by Magistrate Judge Maureen P. Kelly on 6/6/2013. (ndf )A copy of this Memorandum Order has been mailed to Plaintiff this 6th day of June, 2013, to his address of record.
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Filing
68
MEMORANDUM ORDER granting 66 , 67 plaintiff's motions for leave to have additional argument and authority taken into account in considering plaintiff's objections. The arguments and authority referenced in plaintiff's motions are ta ken into account in rendering this memorandum order. And further sustaining in part and overruling in part plaintiff's objections to 59 the report and recommendation of July 27, 2012. The report and recommendation as modified in this memorand um order is adopted as the opinion of the court. AND FURTHER ORDERING that 52 defendants' motion to dismiss is granted in part and denied in part. The motion is granted as to Counts II, V and VII. Count V is dismissed without prejudice to pl aintiff seeking leave to re-plead it in the event discovery reveals a sufficient factual basis to proceed with a conspiracy claim. The motion is denied in all other aspects. All in accordance with this memorandum order. Signed by Judge David S. Cercone on 4/18/13. (mwm)
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Filing
60
MEMORANDUM ORDER granting in part and denying in part 52 Motion to Dismiss Amended Complaint and adopting 59 Report and Recommendation of Judge Kelly as the opinion of the Court. The motion to dismiss is granted as to Counts II, III and V and denied as to Counts I, IV and VI. Further ordered that this case is STAYED pending resolution of plaintiff's post-conviction collateral petition. Signed by Judge David S. Cercone on 8/22/12. (njt)
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