JOHNSON v. MAZURKIEWICZ

JOHNSON v. MAZURKIEWICZ

Plaintiff:	SOLOMON JOHNSON
Defendant:	JOSEPH MAZURKIEWICZ
Case Number:	2:2013cv00531
Filed:	April 12, 2013
Court:	US District Court for the Western District of Pennsylvania
Office:	Pittsburgh Office
County:	Westmoreland
Presiding Judge:	Lisa Pupo Lenihan
Nature of Suit:	Prisoner Civil Rights (Prison Condition)
Cause of Action:	42 U.S.C. § 1983 pr Prisoner Civil Rights
Jury Demanded By:	Plaintiff

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Date Filed	Document Text
August 20, 2014	Filing 38 ORDER that the Report and Recommendation (ECF No. 37 ) is ADOPTED as the opinion of this court. IT IS FURTHER ORDERED that, for the reasons set forth in the Report and Recommendation, the motion to dismiss filed by defendants Beers, Gettins an d Mazurkiewicz (ECF No. 34 ) is granted in that Plaintiff's claims predating April 9, 2011 are dismissed with prejudice because they are barred by the statute of limitations and also granted as to Plaintiff's claims against the defendan ts in their official capacities. The motion is denied without prejudice to the extent that defendants seek dismissal of Plaintiff's amended complaint for failure to exhaust his administrative remedies pursuant to the Prison Litigation Reform Act. IT IS FURTHER ORDERED that, pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii), defendant Yothers is dismissed from this action because Plaintiff failed to state a claim against her upon which relief may be granted. IT IS FURTHER ORDERED that Pl aintiff's due process claim based on his initial placement in administrative custody is dismissed with prejudice for failure to state a claim pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii). IT IS FURTHER ORDERED that Plaintiff amend his complain t as set forth in the order. IT IS FURTHER ORDERED that this case will be dismissed with prejudice for failure to prosecute if Plaintiff fails to file his second amended complaint within thirty (30) days of the date of this order. Signed by Chief Judge Joy Flowers Conti on 8/20/2014. (smc )
June 24, 2013	Filing 9 ORDER re 4 Complaint. Plaintiff shall amend his complaint as described herein and file it with the Court within fourteen (14) days of the date of this Order. Signed by Magistrate Judge Lisa Pupo Lenihan on June 24, 2013. (kcc)

Date Filed

Document Text

August 20, 2014

Filing 38 ORDER that the Report and Recommendation (ECF No. 37 ) is ADOPTED as the opinion of this court. IT IS FURTHER ORDERED that, for the reasons set forth in the Report and Recommendation, the motion to dismiss filed by defendants Beers, Gettins an d Mazurkiewicz (ECF No. 34 ) is granted in that Plaintiff's claims predating April 9, 2011 are dismissed with prejudice because they are barred by the statute of limitations and also granted as to Plaintiff's claims against the defendan ts in their official capacities. The motion is denied without prejudice to the extent that defendants seek dismissal of Plaintiff's amended complaint for failure to exhaust his administrative remedies pursuant to the Prison Litigation Reform Act. IT IS FURTHER ORDERED that, pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii), defendant Yothers is dismissed from this action because Plaintiff failed to state a claim against her upon which relief may be granted. IT IS FURTHER ORDERED that Pl aintiff's due process claim based on his initial placement in administrative custody is dismissed with prejudice for failure to state a claim pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii). IT IS FURTHER ORDERED that Plaintiff amend his complain t as set forth in the order. IT IS FURTHER ORDERED that this case will be dismissed with prejudice for failure to prosecute if Plaintiff fails to file his second amended complaint within thirty (30) days of the date of this order. Signed by Chief Judge Joy Flowers Conti on 8/20/2014. (smc )

June 24, 2013

Filing 9 ORDER re 4 Complaint. Plaintiff shall amend his complaint as described herein and file it with the Court within fourteen (14) days of the date of this Order. Signed by Magistrate Judge Lisa Pupo Lenihan on June 24, 2013. (kcc)

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Defendant: JOSEPH MAZURKIEWICZ
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